Cancellation rights and deposit exposure
Portugal CPCV vs. Spain arras penitenciales on a €400,000 property
Portugal: CPCV
Legal basis
Codigo Civil, Art. 410-413
Deposit at commitment
10–20% (€40,000–€80,000)
Prior low-cost stage
None by default
Buyer withdrawal cost
Full sinal forfeited
Seller withdrawal cost
Double sinal returned
Inspection window
Before CPCV only
Exit right type
Forfeit model (no automatic right)
Spain: arras penitenciales
Legal basis
Codigo Civil, Art. 1454
Deposit at commitment
10% (~€40,000) at arras stage
Prior low-cost stage
Reserva: ~€3,000–€6,000
Buyer withdrawal cost
Arras amount forfeited
Seller withdrawal cost
Double arras returned
Inspection window
During reserva period
Exit right type
Penitenciales: unilateral at defined cost
Scenario: inspection finds a major structural defect after commitment
Portugal (post-CPCV discovery)
Buyer withdraws: loses €40,000–€80,000. Unless CPCV included an explicit inspection condition, there is no penalty-free exit.
Spain (discovery during reserva)
Buyer withdraws before arras: loses ~€3,000–€6,000 reserva only. Arras not yet signed, so full 10% is protected.
Sources: Codigo Civil Portugues, Art. 410-413 · Codigo Civil Espanol, Art. 1454 · Decreto-Lei n.o 10/2024, de 8 de janeiro