Reservation Contracts and Deposits on the Costa Cálida: How Much You Pay and What's Refundable

Reservation Contracts and Deposits on the Costa Cálida: How Much You Pay and What's Refundable

To reserve a property on the Costa Cálida in 2026 you will typically pay a reservation deposit of €3,000 to €6,000 (or around 1% of the price on higher-value homes), which takes the property off the market for a short exclusivity period — usually 14 to 30 days — while your lawyer runs checks and the private purchase contract is drafted. Whether that money is refundable depends entirely on the wording of the reservation contract (contrato de reserva) you sign: some are "subject to legal checks" and fully refundable, others are non-refundable holding deposits that you forfeit if you simply change your mind.

This is the single most common point of confusion for international buyers, because the same word — "deposit" — is used loosely for three very different payments. On the Costa Cálida (and equally on the Costa Blanca, Costa del Sol and Costa Almería) the safest rule is simple: never sign a reservation document, and never transfer a euro, until your Spanish lawyer has read the exact refund clause. Below we set out how much you pay at each stage, what the contract should say, and when you get your money back.

What is a reservation contract in Spain?

A contrato de reserva is a short, preliminary agreement between buyer and seller (usually organised by the estate agent) that formally takes a property off the market for a fixed period in exchange for a modest deposit. It is the first of up to three documents in a Spanish purchase:

  1. Reservation contract — small deposit, short exclusivity, checks pending.
  2. Private purchase contract — usually a contrato de arras, with a 10% deposit.
  3. Escritura pública — the title deed, signed before a notary on completion day.

The reservation contract is not compulsory, but on a competitive coast such as the Costa Cálida — where sought-after Mar Menor, La Manga and inland-golf villas move quickly — it is the standard way to secure a property while due diligence is carried out. Think of it as buying time, not buying the house.

Reservation contract vs the arras contract — don't confuse them

The reservation deposit is a placeholder. The real commitment comes at the contrato de arras (deposit contract) stage, when you pay around 10% of the price. Under Spanish Civil Code Article 1454, the most common form — arras penitenciales — has a clear, symmetrical penalty: if the buyer pulls out they lose the 10%; if the seller pulls out they must repay double. Your earlier reservation deposit is normally deducted from this 10%, so it is not an extra cost — it is an advance on the arras.

How much is the reservation deposit on the Costa Cálida?

There is no legally fixed amount — it is whatever buyer and seller agree. In practice, on the Costa Cálida (Region of Murcia) the going figures in 2026 are:

Typical reservation deposits by property value — Costa Cálida 2026
Property priceTypical reservation depositUsual exclusivity period
Up to €150,000€3,00014–21 days
€150,000 – €300,000€3,000 – €6,00015–30 days
€300,000 – €600,000€6,000 or ~1%21–30 days
Above €600,000~1% of price30 days

These ranges are broadly similar across all four coasts Mediter serves, though on the busier Costa del Sol around Marbella and Estepona reservation deposits of €6,000 or a full 1% are more common, while smaller Costa Almería resale properties often reserve for a flat €3,000. The amount matters less than who holds it and under what conditions.

Who holds the reservation deposit?

This is critical. The deposit can be paid to:

  • The estate agency's client account — common and generally safe with a reputable, licensed agent.
  • Your lawyer's escrow/client account — the safest option, and one Mediter always recommends where possible, because the money is held by a regulated professional acting for you.
  • The seller directly — the riskiest; avoid unless your lawyer has approved it.

Never transfer the reservation deposit to a private individual's account you cannot verify, and always insist on a written receipt naming the property, the price, the deposit amount and the refund terms. Our guide on sending money to Spain to buy property explains how to move funds safely and cheaply from abroad — and why you should never rush a transfer under time pressure.

Is the reservation deposit refundable?

It depends on which of three contract types you have signed. This is where careful reading — ideally by a Spanish property lawyer — earns its fee many times over.

Reservation deposit refund scenarios — Costa Cálida & the costas 2026
Contract typeRefundable if you change your mind?Refundable if legal problem found?
Reservation "subject to satisfactory legal checks" Sometimes not — you may forfeit it Yes — full refund if a defect emerges
Non-refundable holding deposit No — you lose it Yes, if the clause protects you against undisclosed defects
Fully refundable reservation Yes, within the period Yes

The single most important clause is a condition making the reservation subject to satisfactory due diligence. If your lawyer's checks reveal a mortgage or embargo on the nota simple, a rural home without an AFO certificate, missing licences, or a discrepancy with the cadastre, a properly drafted reservation contract lets you walk away and recover the full deposit. Without that clause, you may be relying on the seller's goodwill.

What legitimately allows you to reclaim the deposit?

  • Outstanding mortgage, embargo or unpaid community/IBI debts registered against the property.
  • Illegal or unlicensed construction, or a rural build lacking the correct certificate.
  • The seller cannot prove clean, registered title.
  • Discrepancies between the registered/cadastral surface area and the actual property.
  • A condition you agreed in writing (e.g. "subject to mortgage approval") that fails.

When you will normally lose it

  • You simply change your mind or find a cheaper property elsewhere.
  • You fail to sign the arras contract within the reservation period without a valid reason.
  • You cannot complete your financing when the contract did not make the sale mortgage-conditional.

If you are relying on a loan, always make the reservation and arras conditional on mortgage approval. See our non-resident mortgage guide for realistic timelines — a valuation and offer can take several weeks, which must fit inside your reservation window.

What should the reservation contract actually say?

A good Costa Cálida reservation contract is short but should always specify:

  • Full identification of buyer, seller and the property (with cadastral reference).
  • The agreed final purchase price — so the seller cannot raise it later.
  • The deposit amount and confirmation it is deducted from the arras/price.
  • The exclusivity period and the deadline to sign the arras contract.
  • A clear refund clause tied to due-diligence outcomes and financing.
  • Who holds the deposit and how it is returned if the deal falls through.
  • What is included (furniture, fixtures) — surprisingly often disputed.

Because Spanish law does not prescribe a fixed reservation template, the wording varies from agent to agent. This is exactly why you should not sign anything on a first viewing "to be safe" — a rushed signature under emotional pressure is how buyers lose deposits. A reputable agent will happily give you 24–48 hours for your lawyer to review it.

How the reservation fits the wider buying timeline

Reserving is the start of a chain that ends at the notary. On a typical Costa Cálida resale purchase:

  1. Reserve — pay €3,000–€6,000, property off market.
  2. Due diligence — lawyer checks title, debts, licences (1–3 weeks).
  3. Arras contract — pay up to 10%; reservation deposit deducted.
  4. Completion — pay the balance and taxes, sign the escritura at the notary.

Remember the reservation deposit is not the only money you need ready. On the Costa Cálida, resale ITP (transfer tax) is 7.75% in 2026 (under Murcia's Ley 3/2025 — note that many websites still wrongly quote the old 8%), and the tax base is the higher of the price or the cadastral valor de referencia. Add notary, land registry, lawyer and gestoría and budget roughly 10–13% on top of the price for resale. For new build it is 10% IVA plus 1.5% AJD stamp duty in Murcia — around 12–15% all-in. Full figures for the region's ongoing costs are in our Costa Cálida holiday home taxes guide.

Resale purchase tax at a glance — Costa Cálida vs neighbouring costas 2026
CoastRegionResale ITP 2026
Costa CálidaMurcia7.75%
Costa BlancaC. Valenciana9% (from 1 June 2026)
Costa del SolAndalucía7%
Costa AlmeríaAndalucía7%

If you are still weighing regions, our comparison of the four costas and the off-plan vs resale breakdown will help you decide before you reserve anything.

Frequently Asked Questions

How much is a reservation deposit on the Costa Cálida in 2026?

Typically €3,000 to €6,000, or around 1% of the price on higher-value homes. There is no legally fixed amount — it is agreed between buyer and seller. The deposit is normally deducted from your later 10% arras payment, so it is not an additional cost.

Is my reservation deposit refundable if I change my mind?

Not always. If the contract is a non-refundable holding deposit, you can lose it simply for changing your mind. A well-drafted reservation contract makes the deposit refundable if your lawyer's legal checks reveal a problem, or if agreed mortgage financing is not approved. Always read the exact refund clause before signing.

What is the difference between a reservation contract and an arras contract?

The reservation (contrato de reserva) is a small first deposit that takes the property off the market for a short period. The arras (contrato de arras) is the main private purchase contract with a 10% deposit and clear penalties: the buyer loses 10% if they withdraw, the seller repays double if they do.

Who should hold my reservation deposit?

Ideally your Spanish lawyer's regulated client (escrow) account, or a licensed estate agency's client account. Avoid paying the seller directly, and never transfer money to an unverified private account. Always get a written receipt setting out the property, price and refund terms.

Do I need a lawyer before paying the reservation deposit?

Yes — or at least have one lined up. The reservation contract sets the price and the refund conditions, so it should be reviewed before you sign. A good agent will give you 24–48 hours for legal review; be cautious of any pressure to sign and pay immediately on a first viewing.

Can I make the reservation conditional on getting a mortgage?

Yes, and you should if you are borrowing. Include a written clause making the reservation and arras subject to mortgage approval, and make sure the reservation period is long enough for the bank's valuation and offer, which can take several weeks for non-residents.

Reserve with confidence on the Costa Cálida

A reservation deposit should buy you time and peace of mind — not put your money at risk. At Mediter Real Estate we draft clear, buyer-protective reservation contracts and work alongside independent lawyers across the Costa Cálida, Costa Blanca, Costa del Sol and Costa Almería. Explore our regions, then contact Mediter Real Estate to find the right property and reserve it the safe way.

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