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Purchase offer template for Spain

Offer to purchase a home · Oferta de compra de vivienda

A written, signed offer from the buyer to buy a named home at a stated price, with a validity date and the main terms of the contrato de arras that will follow. If the seller accepts it in writing without changes, the parties agree on the property and the price, and the law treats that agreement as binding.

Use it after a visit, when you want to state your price and conditions in writing before the parties sign the contrato de arras. The law does not require it. Send it to the seller or to the estate agent who holds the seller's mandate. Make it only if you are ready to buy at that price: an accepted offer on the property and the price can bind both parties.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country. In Catalonia the sale rules of the Catalan Civil Code (Book VI) apply, and a deposit is presumed to be confirmatory arras.
When the sale is agreed
The sale binds both parties once they agree on the property and the price, even before delivery or payment (Código Civil art. 1450).
Promise to buy or sell
A promise with agreement on the property and the price lets each party demand performance (Código Civil art. 1451).
Moment of agreement
Between absent parties, consent exists when the person who made the offer learns of the acceptance (Código Civil art. 1262).
Form
Free. A contract binds whatever its form if the essential conditions exist (Código Civil art. 1278).
Payment with the offer
Allowed. Write what the sum is and when it is returned.
Penitential arras
If the parties agree them, the buyer can withdraw by losing them, or the seller by returning double (Código Civil art. 1454).
Amount of arras
The law sets no amount.
Validity period
Set by the buyer. No legal default applies.
Cadastral reference
20 characters. It appears on the IBI receipt and in the Catastro.

The document

Text shown

You sign the Spanish version. The English version helps you understand it. Your answers fill both.

Offer to purchase a home

  1. 1.Parties

    1. 1.1

      Mr/Ms Buyer's full name, holder of identity document Buyer's identity document, residing at Buyer's address, hereinafter "the offeror",

      List every buyer. Give a DNI, NIE or passport number for each.

    2. 1.2

      makes to Mr/Ms Seller's full name, residing at Seller's or mandated agent's address, hereinafter "the seller", this offer to buy the property described below, at the following price and on the following terms.

      Write the seller's name as in the nota simple. If the home is a married seller's family home, the spouse must also sign later.

  2. 2.Property

    1. 2.1

      Home located at Full address of the home, consisting of Description of the home, with cadastral reference Cadastral reference, registered at Land registry details, offered for sale at the price of Advertised price euros.

      Copy the registry data from a recent nota simple: registry and town, finca number, or IDUFIR/CRU code. If you have none, ask the agent before you sign.

    2. 2.2

      The offeror makes this offer on the basis that the property will be transferred free of charges, encumbrances, tenants and occupants, and up to date in the payment of the community of owners' expenses and of the taxes on it.

  3. 3.Offered price

    1. 3.1

      The offeror offers to buy the property for the total price of Offered price in euros, in figures euros (Offered price in words euros), to be paid by bank transfer or by bank cheque made out to the seller when the public deed of sale is executed, less any amounts paid on account before.

      If the figures and the words differ, a dispute follows. Check both.

  4. 4.Financing

    1. 4.1

      Optional

      This offer is conditional on the offeror obtaining, no later than Latest date to obtain the loan offer, a binding mortgage loan offer for at least Loan amount euros. This condition will be repeated in the contrato de arras.

      Delete it only if you pay from your own funds. Spanish law gives no automatic loan protection: write this condition into the offer and the contrato de arras.

  5. 5.Contrato de arras and public deed

    1. 5.1

      If the seller accepts the offer, the parties will sign a contrato de arras no later than Latest date for the contrato de arras. At that time the offeror will pay the sum of Arras at the contrato de arras euros as penitential arras under article 1454 of the Civil Code, to be credited against the price.

      Penitential arras let either party withdraw: the buyer loses the arras, the seller returns double. For a binding contract, write confirmatory arras.

    2. 5.2

      The public deed of sale will be executed no later than Latest date for the notarial deed before the notary chosen by the buyer.

  6. 6.Reservation payment

    1. 6.1

      Optional

      With this offer the offeror pays the sum of Reservation with the offer euros, to be held in deposit by Who holds the reservation. If the seller accepts the offer, that sum will be credited against the arras and the price. If the seller does not accept it in time, or accepts it with changes, the sum will be returned in full to the offeror within five working days.

      Keep it only if the agent asks for a reservation. Without this clause, pay nothing with the offer. Name the agency or the seller, and the bank account.

  7. 7.Validity

    1. 7.1

      This offer is valid until Date and time the offer expires. If by that date the offeror has not received the seller's written acceptance, the offer will lapse automatically.

      A few days is common. A short period protects you if you find another home.

    2. 7.2

      Any acceptance that changes the price or the terms of this offer will be a counter-offer and not an acceptance.

  8. 8.Signatures

    1. 8.1

      At Place of signature, on Date of signature. Signature of the offeror.

    2. 8.2

      Seller's acceptance: "I accept the above offer at the stated price and on the stated terms", on Date the seller accepts. Signature of the seller.

      Every registered owner must sign the acceptance. An agent signs only with a written power to sell.

Fill in the details

0/23
1.Parties
2.Property
3.Offered price
4.Financing
5.Contrato de arras and public deed
6.Reservation payment
7.Validity
8.Signatures

Formalities

  1. No form, witness or notary is required. A private document binds the parties who sign it.
  2. Sign and date the offer.
  3. Keep proof of the date the seller received it: a burofax with certificate of text and acknowledgement of receipt, or an email the agent confirms.
  4. The seller must accept in writing. Silence is not acceptance.
  5. Agents often ask for a reservation payment with the offer. If you pay one, the offer must say who holds the money and when it comes back to you.
  6. Pay by bank transfer, not in cash, so that the notary can later record each payment in the deed.

Common mistakes

  • Making an unconditional offer when you need a mortgage. If the seller accepts, you may be bound at that price without a loan.
  • Paying a reservation to the agent without written terms. Say who holds the money, when it becomes arras and when it comes back if the seller refuses.
  • Leaving the type of arras unclear. Say expressly whether a later deposit is penitential, confirmatory or penal, because each type has different effects.
  • Treating a reply with a new price as acceptance. It is a counter-offer, and nothing is agreed until you accept it.
  • Making an offer before you read the nota simple. Ask for it first, and check that the seller is the registered owner and what charges exist.
  • Leaving out the validity date. Set a short, fixed date so that the offer does not stay open.

Legal basis

  • Código Civil (Real Decreto de 24 de julio de 1889), art. 1262 (offer and acceptance)
  • Código Civil, art. 1278 (freedom of form)
  • Código Civil, art. 1450 (sale perfected by agreement on the thing and the price)
  • Código Civil, art. 1451 (promise to buy or sell)
  • Código Civil, art. 1454 (arras or señal)
  • Ley 3/2017, de 15 de febrero, del libro sexto del Código civil de Cataluña, art. 621-8 (arras)
  • Ley 12/2023, de 24 de mayo, por el derecho a la vivienda, art. 31 (minimum information before a purchase and before any payment)

Sources

  • Viviendas e inmuebles: compraventa de vivienda
  • ¿Qué es el contrato de arras? Ventajas de hacerlo ante notario
  • Registro de la Propiedad: nota simple

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