Second thoughts after you have resigned, signed or booked

Terms used

• Fianza — The fianza is the deposit you pay a landlord as security for a lease, returned when you leave if there is no damage.
• Arras — Arras are a deposit paid when agreeing to buy a property; the type decides what happens if either side pulls out.
• Arras penitenciales — Arras penitenciales let either side withdraw: the buyer loses the deposit, or the seller returns it doubled.
• Arras confirmatorias — Arras confirmatorias are part payment that confirms the sale, so pulling out is a breach of contract.
• Arras penales — Arras penales work as a penalty for not complying, and a court can reduce the amount.
• Señal — A señal is a reservation deposit paid to hold a property, governed by what the reservation document says.

Key rules

• Sunk costs: Judge only future costs and benefits; money spent and not recoverable should not keep you going.
• Application fees: Immigration and visa fees are generally not refunded if you withdraw, so count them as spent.
• Lease exit: Early-exit compensation only applies if your contract expressly states it.
• Purchase deposit: The wording of your reservation or arras document decides whether you lose the deposit.

Start with a pause, not a decision

Doubts after a commitment are normal. They do not mean you must stop, and they do not mean you must carry on. Give yourself a short, fixed pause: a few days, with a date to decide. The decision block below helps you choose between carrying on, stopping, or pausing with a review date.

Tell cold feet from a real warning

Cold feet are general worry: "Is this too big a change?" A real warning is a specific fact that changes your plan. For example, your job or income will not come through, the home is not what was promised, or a condition in your contract is not met.

Write down your doubts and sort them in two columns: worries, and facts you can check. Then deal with the facts first.

Ignore money you cannot get back

Judge only future costs and benefits. Money already spent and not recoverable should not push you to continue. But refundable items and exit penalties you would still have to pay do count.

Ask yourself: if I were starting today, with nothing spent, would I choose this? Ask also how a neutral adviser would see it. Set a stop point in advance, such as an income level by a given month.

What can still be undone

Visa and residence applications. Immigration and visa fees are generally not refunded if an application is refused or withdrawn, so count them as spent. The exception is a payment made in error, paid twice or paid for a procedure that was not required. Then you must ask for a refund through the office that took the payment. Consular visa fees are not refunded when a visa is refused.

A lease for your home. You can leave after the first six months by giving your landlord 30 days' written notice. The contract can charge compensation of one month's rent for each year left on the contract, with proportional amounts for part of a year. That only applies if the contract expressly says so. Any other penalty clause is not valid against you. This applies to leases for a habitual residence, not tourist or seasonal lets. Leaving in the first six months is a different matter, so read your contract and ask a lawyer or your town hall's consumer office before you give notice. After you hand back the keys, your fianza must be returned within the legal period, less any damage.

A home purchase deposit. What you lose depends on the wording of your reservation document.

• With arras penitenciales, if you withdraw you lose the deposit. If the seller withdraws, they return it doubled. Unless the contract says otherwise, arras are treated this way.
• With arras confirmatorias, the deposit is part payment. Pulling out is a breach, and the seller can demand you complete or end the contract and claim damages.
• With arras penales, the deposit works as a penalty, and a court can reduce it.
• A simple señal or reserva is governed by its own wording. It is commonly lost if you pull out, and returned if the seller withdraws or the sale fails for a reason beyond you, such as a mortgage refusal that the document lists as a condition.

Regional law can differ, for example in Catalonia. Before you decide, have a lawyer read the document.

Resigned from a job

This page cannot say whether a resignation can be withdrawn. Ask your employer in writing at once, and check with a labour adviser.

Do this next

1. Pick a review date and write down your doubts.
2. Find your documents (lease, arras or reservation paper, application receipts) and mark what each says about leaving.
3. Count only future costs and penalties.
4. Decide, or set a clear stop test and a date to check it.

Choosing between options

Should you carry on with your plan or stop after your doubts?

• Carry on with the plan: You would still choose it if you started today with nothing spent, and the future costs and benefits favour it.

• Stop and undo what you can: You would not choose it starting fresh, and stopping costs less in future than continuing, counting refundable items and exit penalties.

• Pause with a review date: You are unsure, so you set a clear stop condition and date in advance, such as an income level by a given month.

Ignore money you cannot get back. Compare only what continuing and stopping will cost and bring from now on, and ask how a neutral adviser would judge it.

Timeline and deadlines

• Stay in the home for the first six months of the lease: during the first six months after signing

• Give your landlord written notice that you are leaving: at least 30 days before you want to leave, once the first six months have passed

• Pay any early-exit compensation the contract expressly sets, up to one month's rent per remaining year: when you leave

• Hand back the keys and ask for your fianza (deposit) to be returned: on the day you hand back the keys

Documents you need

• Your signed lease for a habitual residence, showing whether it expressly allows compensation of one month's rent per remaining year if you leave early

• A written notice to your landlord, given at least 30 days before you leave and after the first six months of the lease

• Your reservation or arras document for a property purchase, which states whether the deposit is penitenciales, confirmatorias or penales and any conditions such as mortgage approval

What to watch out for

• Paying already is not a reason to go on: Feeling you have come too far to stop can push you to continue a plan that no longer suits you. Past costs you cannot recover should not decide it. Ask whether you would choose this option if you started today. Compare only future costs and benefits, and count exit penalties still to be paid.

• Application fees are not returned: Visa and residence application fees are generally not refunded if you withdraw or are refused. Consular visa fees are not refunded either. Treat these fees as spent. Ask for a refund only if you paid by mistake, paid twice or overpaid.

• Leaving a lease early can cost you: Under a habitual-residence lease you cannot leave in the first six months without risk. Afterwards, any penalty other than the agreed compensation, or a longer notice period, is not valid against you. Give 30 days' written notice after the six months and check whether your contract sets compensation.

• You can lose your purchase deposit: If you withdraw after paying a reservation or arras deposit, you may lose it. With arras confirmatorias, the seller can also demand you complete the purchase or claim damages. Read the wording of the document to see which type of deposit you paid before you decide to withdraw.

Frequently asked questions

Can I leave my rental early if I change my mind?

Yes, if it is a habitual-residence lease, you can leave after the first six months by giving the landlord 30 days' written notice. The contract may ask for one month's rent for each remaining year, with proportional amounts for part years. Tourist or seasonal leases follow different rules.

What happens to my reservation deposit on a home purchase if I pull out?

It depends on the wording of the document, but with the usual arras penitenciales you lose the deposit if you withdraw.

Do I get my deposit back if my mortgage is refused?

Yes, usually, if the reservation document states the mortgage as a condition of the sale. A simple reservation deposit is governed by what that document says. Read it before you sign, and ask for the condition to be added if it is missing.

Can I get a refund of the fee for a visa or residence application if I withdraw?

No, these fees are generally not refunded if you withdraw or are refused. A refund is possible only if you paid by mistake, paid twice or overpaid, or the procedure was not required. Ask the office that took the payment how to request it.