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Buying & Selling

Private Sale Contract vs. Public Deed

A private contract already binds you, but it is not enough to register the home in your name. We explain the differences and the risks.

Buying & Selling · Updated October 2026 · 5 min read

✓ Content reviewed by collaborating registered lawyers of the platform. Last updated: October 2026. Based on official sources (BOE, Generalitat de Catalunya, Agència de l'Habitatge, ICAB). See our editorial policy.

A sale usually has two moments: the private contract (between the parties) and the public deed (before a notary). Both are valid, but they are not the same.

The private contract

It is a fully binding agreement between buyer and seller: it obliges them to fulfil what was agreed. However, it does not on its own allow you to register the home in your name at the Land Registry.

The public deed

  • It is signed before a notary and attests to the transaction.
  • It allows registration at the Registry, which protects you against third parties.
  • It is required by the bank for the mortgage.

Risks of a private contract without the deed

While there is only a private contract, the home remains in the seller's name at the Registry, with a risk of double sales or new charges. That is why, after the private contract (or the earnest money), it is best to execute the deed as soon as possible. We review the whole process.

Frequently asked questions

We answer your questions


Yes, it is fully binding between the parties. But it is not enough to register the home in your name at the Registry, nor usually enough for the bank: for that you need the public deed.

It is not advisable. Without the public deed you cannot register at the Registry and you are exposed to double sales or later charges. It is best to execute the deed as soon as possible.

Yes, it is binding between the parties, but it does not allow registering the home at the Land Registry nor does it offer the same protection against third parties as a public deed.

To register at the Registry, cancel mortgages, finance the purchase and protect you against double sales. It is advisable to sign the deed as soon as possible after the private contract.

That the seller encumbers or resells the property, or that later charges appear that affect you. The deed and registration give you legal certainty.

Signing a private contract?

We review the private contract and guide you through to the public deed so you buy safely.

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