Promesa de compraventa
Also called Promise-to-purchase agreement, promise-to-buy
The contract that commits buyer and seller before the deed exists. It sets the price, the deposit, the deadline and the conditions you can walk away on.
What it means when you are buying
This is the document that holds the deal together while the checks happen. You sign it, you pay a deposit, and the seller takes the property off the market.
Almost everything you care about goes here rather than in the deed. The price, the deposit, who pays what, the date the deed must be signed, and what happens if the registry check finds something.
What belongs in it
- An exit tied to the registry check, so a bad title lets you leave with your deposit.
- A deposit held by someone who is not the seller.
- A deadline with a consequence attached, rather than a date nobody is bound by.
- Who pays the notary, the registration and the legal fees.
The expensive mistake is paying a deposit before this document exists, or signing one with no exit. If the title turns out to be encumbered and the contract does not let you walk, your deposit becomes an argument rather than a refund.
Where it sits
Third of the six steps. It comes after you confirm the property at the Registro Público and before the escritura pública is signed.
Frequently asked questions
Does signing a promesa de compraventa make me the owner?
No. It commits both sides to complete. Ownership moves later, when the escritura pública is recorded at the Registro Público.
Can I lose my deposit?
Yes, if the contract gives you no way out. That is why the exit tied to the registry check matters more than any other clause in it.
Who should hold the deposit?
Someone who is not the seller. A deposit already in the seller's account is a deposit you are asking for back rather than one being released.
What if the registry check turns up a lien?
That depends entirely on what your contract says. With a condition tied to a clean registry certificate you walk with the deposit; without one you are negotiating.
Sources
- Leyes aplicables a la transferencia de bienes inmuebles, 16 July 2025 — Infante & Pérez Almillano (IPAL), September 3, 2026