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Buying & Selling

Reservation Contract, Earnest Money and Deposit: Differences

Reservation, deposit, earnest money… used as synonyms but they are not. Confusing them can cost you money. We clarify it.

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.

When reserving a home you may be asked for a "reservation", a "deposit" or "earnest money". Although used as synonyms, their legal effects differ, especially if someone backs out.

Reservation contract

It is usually a document (often from the agency) by which, in exchange for an amount, the home is taken off the market for a time. It is key to read what happens to the money if the deal does not go ahead.

Earnest money (arras)

  • Penitential: allow withdrawal; if the buyer withdraws they lose the deposit, if the seller withdraws they return it doubled. The most common.
  • Confirmatory: confirm the contract; they do not allow free withdrawal and whoever breaches can be forced to perform or compensate.
  • Penal: act as a penalty.

The "deposit" (señal)

The term "deposit" is ambiguous: its effect depends on how the document is drafted. That is why what matters is not the name but what the contract says. We review and draft the document —reservation or earnest money— before you pay.

Frequently asked questions

We answer your questions


Not necessarily. 'Deposit' is an ambiguous term whose effect depends on how the document is drafted; earnest money (especially penitential) has a specific regime. What matters is what the contract says, not the name.

It depends on what the reservation document says. Some provide for a refund and others do not. It is worth reading it carefully before handing over any amount.

The reservation is a first commitment, often with the estate agent, to take the property off the market; the arras is a sale contract with a deposit between buyer and seller, with stronger effects.

It depends on its wording. Some allow you to recover the money and others do not. Before signing and paying, review its effects and how it links to the future arras.

It is usually deducted from the price or from the later arras, but it must be agreed in writing. We review the document before you hand over anything.

About to hand over a reservation or deposit?

We review what you sign and what it implies before you hand over any money for the home.

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