Viewing homes, making an offer and negotiating in Spain

Key rules

• Verbal offers: A verbal offer is not a safe commitment from either side, so get anything that matters in writing.
• Deposit timing: Pay the reservation deposit only after price and conditions are agreed, because it takes the home off the market.
• Arras: Signing arras commits you, and withdrawing usually costs you the amount paid.
• Paying: Pay any deposit by traceable bank transfer, preferably to the agent or notary.

Negotiate before you pay anything

Offers are negotiable, and a verbal offer is not something you can rely on either side to honour. But the reservation deposit (the señal de reserva) takes the home off the market. So agree the price and conditions first, and pay the deposit last. Once money has changed hands, you have less to bargain with.

What a verbal offer does and does not do

Until there is a signed document and a deposit, either side can usually walk away without penalty. That protects you while you negotiate. It also means the seller can accept a better offer from someone else. A verbal "yes" from the seller is not a safe basis for turning down other homes or booking a notary.

How to negotiate the price

Buyers in Spain normally offer below the asking price. The usual discount runs from a few percent up to around ten percent, depending on the market.

• In busy markets, such as big cities and coastal hotspots, discounts tend to be small.
• Discounts are larger for overpriced homes, homes that have been listed a long time, and sellers who need to sell.

To build your offer, ask agents what similar homes in the area recently sold for and how long this one has been listed. Then offer below the asking price. Check the current local situation before you decide how far to go.

Use what you find at the viewing as part of your case. Damp, old wiring, an unlicensed extension or a pending special charge from the community can justify a lower price. The documents and inspection points are in the boxes below.

Before you pay a deposit

Do these things while you can still walk away:

1. Ask for the nota simple, the energy performance certificate, the community documents and the other papers listed below.
2. Inspect the home properly and check that the documents match what you see.
3. Confirm what the price includes and who pays which costs.
4. Agree the final price and conditions in writing.

Reservation or arras: know what you sign

A simple reservation takes the home off the market for a short time, usually a few days to a few weeks, while you run checks. Whether it is refundable depends on the wording, so read it before you sign. Have it reviewed if you are unsure.

The arras contract (contrato de arras) is a bigger step. You become committed when you sign the arras contract, not at a simple reservation, and unless the contract says otherwise you can withdraw by losing the amount paid. If the seller withdraws, they normally return double. Some arras are instead a part payment of the price, and then the contract is binding. The wording decides which kind you have.

Any reservation or arras document should state the amount, the period, the price, the conditions and what happens if the deal fails. Pay by traceable bank transfer, preferably to the agent or notary.

Where to go next

The decision box below helps you choose between negotiating with no payment, a simple reservation and arras. The quick answers cover agent commissions and why one home can appear at different prices.

Choosing between options

What should you sign or pay when you want to secure a home?

• Keep negotiating with no payment: You are still haggling over price or checks. Offers are negotiable and a verbal offer does not reliably bind either side, so you can walk away.

• Simple reservation (señal de reserva): You have agreed the price and need a few days to weeks to check the home. It takes the property off the market, so negotiate first. The deposit may be refundable or lost if you withdraw, depending on the wording.

Settle the price and all checks before paying anything. Pay a deposit only once the written contract states amount, period, price, conditions and what happens if the deal fails.

Documents you need

Documents to ask for before you offer

• Nota simple: a short registry extract showing who owns the home and any mortgage or other charges on it. Ask the seller or agent for a recent one.

• Catastro reference and the latest IBI receipt (the yearly property tax), so you can check the area and the tax you will pay.

• Energy performance certificate (certificado de eficiencia energética), which must be shown in the ad.

• Certificate of no community debt, plus the community fee amount and the minutes of recent community meetings, to spot planned special charges (derramas).

• Building inspection (ITE) status, where the building needs one.

• Cédula de habitabilidad or first occupation licence, where it applies, and recent utility bills.

• Written reservation or arras contract (contrato de arras) stating the amount, period, price, conditions and what happens if the deal fails. Do not pay before you have read it; a verbal offer does not bind either side.

Checklist

Before you pay a reservation deposit

• Inspect the home for damp, structure, wiring, plumbing, windows, heating, noise, lift and orientation.

• Check that the area in the documents matches the home, and that any extensions are licensed.

• Find out whether the home is rented or has a mortgage that must be cancelled before the sale.

• Ask agents for recent sale prices in the area and how long the home has been listed, then offer below the asking price: a few percent up to around ten percent is usual, less in hot markets.

• Agree the price and conditions before you pay the reservation deposit, because it takes the home off the market.

• Read the reservation contract for the amount, period, price, conditions and what happens if the deal fails.

Quick answers about agents, offers and viewings

Do I pay the estate agent a commission as a buyer?

Usually no, because the seller normally pays the agent's commission, unless you hired the agent or the contract says you pay. Ask for the commission and who pays it in writing before you sign anything. An agent cannot charge you for a service you did not order.

Is a verbal offer binding in Spain?

Not reliably: a verbal offer is hard to enforce, because its terms are hard to prove.

Why is the same home listed by several agents at different prices?

Many homes are listed without exclusivity (sin exclusiva), so each agent can advertise the same home and add their own commission. Some ads also lag behind price cuts. Ask the agent for the nota simple (the land registry extract) and the seller's agreed price, and check the cadastral reference to confirm it is the same home.