{"id":7516,"date":"2026-03-10T12:16:08","date_gmt":"2026-03-10T11:16:08","guid":{"rendered":"https:\/\/rodriguezturabogados.com\/librarium\/breach-of-deposit-contract-by-the-seller\/"},"modified":"2026-03-10T12:28:34","modified_gmt":"2026-03-10T11:28:34","slug":"breach-of-deposit-contract-by-the-seller","status":"publish","type":"post","link":"https:\/\/rodriguezturabogados.com\/en\/librarium\/breach-of-deposit-contract-by-the-seller\/","title":{"rendered":"Breach of deposit contract by the seller"},"content":{"rendered":"\t\t
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The deposit contract is a private contract<\/strong> in which the parties reserve a purchase and sale by delivering an economic deposit. It is an essential prior path that binds negotiators before formal signing.<\/p>\n

Knowing your rights will allow you to claim<\/strong> the compensation set out in the current Spanish law.<\/p>


<\/p>\n

What happens if the seller fails to comply with what was agreed in the deposit contract?<\/strong><\/h2>\n
 <\/strong><\/div>\n

When the seller breaches the deposit contract, the main consequence is the forfeiture of the deposit. In general, in Spain, you must repay twice what you have received.<\/p>


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The Civil Code establishes that, if the seller is the one who does not comply, the buyer has the right to recover their deposit multiplied by two<\/strong>.<\/p>


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What can the buyer do if the seller breaches the deposit contract?<\/strong><\/h2>\n
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If the seller breaches the deposit contract<\/strong>, the first step is to send a burofax. It is claimed not to comply with the commitment or the restitution of the doubled amounts, as it is irrefutable evidence for a judicial process.<\/p>


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It is essential to have legal advice to avoid mistakes in formal communication with the other party. A specialist lawyer will help to efficiently manage the loss of the deposit due to the seller’s default<\/strong>.<\/p>\n

What happens if the seller breaches the deposit contract?<\/strong><\/h2>\n
 <\/strong><\/div>\n

Failure by the seller to comply with the deposit contract results in an unjustified withdrawal, triggering<\/strong> the agreed-upon penalties. The seller loses the right to freely dispose of the house while the contract is in force.<\/p>


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In the real estate market, it sometimes happens that the seller does not honor the earnest money agreement because he receives a superior offer from another interested party. However, the law obliges him to compensate the first buyer for twice the agreed amount.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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What happens if the seller does not comply with the purchase contract?<\/strong><\/h2>\n
 <\/strong><\/div>\n

You may wonder what happens if the seller does not sign the sale<\/strong> when it was agreed before the notary.<\/p>\n

In this scenario, you can seek enforcement of the agreement through a court order that overrides the seller’s will. The deposit agreement is considered sufficiently binding to obligate its grantor<\/strong>.<\/p>


<\/p>\n

What if a home seller regrets it?<\/strong><\/h2>\n
 <\/strong><\/div>\n

Repentance is not a free pass to break an<\/strong> already signed legal commitment. If the owner decides not to sell, he must assume the economic cost of the penalty for the penitential pledge previously agreed.<\/p>\n

“Repenting” carries a price, set in the contract, to compensate the counterparty for the time lost and other expenses<\/strong>.<\/p>


<\/p>\n

When do they have to compensate for breach of the deposit contract?<\/strong><\/h2>\n
 <\/strong><\/div>\n

Compensation is mandatory whenever the seller’s breach of the deposit contract is attributable exclusively to the seller,<\/strong> without conditions precedent. For example, if you do not have the documentation to sign.<\/p>\n

It also applies when the seller fails to deliver<\/strong> the house as agreed.<\/p>


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What are the 4 types of breaches of contract?<\/strong><\/h2>\n
 <\/strong><\/div>\n

There are different levels of breach of the deposit contract by the seller<\/strong>:<\/p>\n