Buying a home is an important decision, and during the process, terms may arise that can cause confusion. Reservation, earnest money contract, and deed of sale are related concepts, but they don’t mean the same thing or have the same consequences.
At Finques Jordi Tané, as a real estate agency in Palafrugell, we assist buyers and sellers through the different phases of a real estate transaction. Understanding what you are signing at each stage is fundamental to moving forward with confidence and knowing what commitments you are making.
Reserving a Property
Reserving a property is usually one of the first steps when a buyer finds a property that interests them and wants to express their intention to purchase it.
A reservation agreement allows you to pay a sum of money and establish certain conditions while working towards a purchase agreement. Its content is especially important, as the consequences will depend on what the parties have agreed upon.
For this reason, before paying any amount, it is advisable to check aspects such as the agreed price, the reservation period, the conditions for recovering the deposit, and what will happen if the transaction does not proceed.
Reserving a property should not be automatically confused with earnest money.
Although both may involve a payment, it is necessary to review the specific content of the document to understand its scope.
What is an earnest money contract?
An earnest money contract is a pre-purchase agreement in which the buyer and seller establish the terms of the future transaction. Typically, the buyer pays a deposit that is later deducted from the final price of the property. Signing an earnest money contract is not mandatory, but when formalized, it constitutes a legally binding contract between the parties.
In Catalonia, it is especially important to know what type of earnest money contract is being agreed upon.
The Catalan Civil Code establishes that any amount paid by the buyer is understood, by default, as a deposit, that is, as a sign of the conclusion of the contract and as an advance payment towards the price. For it to be a penalty clause, this must be expressly stated.
In the latter case, if the buyer withdraws, they may lose the amount paid, and if the seller withdraws, they must return double the amount, with the exceptions provided by law.
Therefore, it is essential not to consider the deposit as a mere formality. Before signing, you must carefully review the agreed-upon conditions.
The Public Deed of Sale
The deed represents a subsequent phase of the transaction. It is formalized before a notary and records the sale of the property and the corresponding conditions.
Before signing, various checks are carried out related to the ownership and the documentation of the transaction. Once the sale is finalized, the deed allows the new owner to be registered in the Property Registry.
This is also the moment when, normally, the remaining balance of the price is paid, deducting any amounts previously paid as agreed.
Reservation, earnest money, and deed are not the same thing.
Although they can be part of the same sale, each document corresponds to a different stage and may create different obligations.
A reservation can serve to establish initial conditions regarding the property. Earnest money formalizes a more defined agreement between buyer and seller before going to the notary. Finally, the public deed formalizes the sale before a notary.
Precisely because each document can have economic and legal consequences, we recommend fully understanding its terms before signing or making any payments.
A real estate agency in Palafrugell to guide you through the purchase and sale process.
Buying or selling a home in Palafrugell and the Baix Empordà involves making many decisions, from setting the price and negotiating the terms to preparing the necessary documentation to proceed with the signing.
At Finques Jordi Tané, we know the local real estate market and guide our clients through the entire process. As a real estate agency in Palafrugell, our goal is to facilitate every stage of the buying and selling process, answer your questions, and coordinate the different steps so that both buyers and sellers know exactly where the transaction stands at all times.
If you’re thinking of buying or selling a property in Palafrugell or the Baix Empordà region, you can count on our team to help you manage the process from start to finish.
