The deal and the kind of deposit you signed
Price of walking away
€12,000.00
What it costs the buyer
€12,000.00
Can you be forced to buy or sell?
No
The same withdrawal under all three kinds of deposit
Kind of depositIt costs youExit priceCan you be forced?
Penitential (art. 1454)€12,000.00€12,000.00No
Confirmatory€0.00There is no exit priceYes
Penalty€12,000.00There is no exit priceYes
Detail of the money that moves
Money transferred when the deal is undone€0.00
Buyer's net result-€12,000.00
Seller's net result€12,000.00
Still to pay if performance is enforced€228,000.00
  • Look at the table: with the same penalty, a penalty deposit moves exactly the same money as a penitential one and buys no way out.
  • The article 1454 right lives as long as the deposit contract does. Once the deed is signed there is no deposit left to lose.
Fine-tune the answer
Fine-tune the answer

The agreed penalty only changes the penalty-deposit result. Where none was agreed, the penalty is the amount handed over.

Educational estimate under Spanish common civil law. It does not constitute legal advice.

Article 1454 is Spanish common civil law. Before signing or withdrawing, read your whole contract and speak to a professional.

Spanish arras deposit by Calculadora Capital