{"id":12658,"date":"2026-10-16T10:55:58","date_gmt":"2026-10-16T10:55:58","guid":{"rendered":"https:\/\/toscanolex.es\/?p=12658"},"modified":"2026-10-16T10:56:01","modified_gmt":"2026-10-16T10:56:01","slug":"arras-contract-mortgage-refused","status":"publish","type":"post","link":"https:\/\/toscanolex.es\/en\/arras-contract-mortgage-refused\/","title":{"rendered":"Arras Contract and the Bank Refuses the Mortgage: What to Do?"},"content":{"rendered":"\n

Did you sign an arras contract and the bank is not granting your mortgage?<\/strong> This situation creates a lot of uncertainty for buyers. The good news is that there are concrete steps you can take and, above all, mistakes you can avoid before signing. In this article we explain what to review, what to negotiate and what to check so you can buy a home with more confidence.<\/p>\n\n\n\n

What happens if I sign an arras contract and the bank doesn\u2019t give me the mortgage?<\/h3>\n\n\n\n

If you sign an arras contract and the bank later refuses the financing, the first thing to do is not to act blindly. What happens next depends largely on what the contract you signed says. That is why, before making any decision, it is worth analysing it in detail.<\/p>\n\n\n\n

First step: review the arras contract<\/h3>\n\n\n\n

The first thing to do is to look at the arras contract<\/strong>. The reason is simple: if the buyer was not sure the financing would be granted, the contract should have been made conditional on the mortgage. If that was not done, the situation can be more complicated, which is why it is so important to get advice before signing.<\/p>\n\n\n\n

Arras contracts conditional on a mortgage: what they are and why to negotiate them<\/h3>\n\n\n\n

Making the arras contract conditional on the mortgage means agreeing that the sale depends on the buyer being granted the financing. This is very common and is negotiated in property sales.<\/p>\n\n\n\n

Keep in mind that the seller may or may not accept it<\/strong>. So, if you are not certain the bank will give you the mortgage, you should raise this clause and negotiate it before signing.<\/p>\n\n\n\n

The valuation: key before signing the arras contract<\/h3>\n\n\n\n

Another very important point is the property valuation<\/strong>. Before signing any arras contract or similar document, you need to check that the valuation will reflect the value at which the property is going to be bought. Anticipating this helps you avoid surprises when the financing is being arranged.<\/p>\n\n\n\n

Property sale lawyer in Costa del Sol<\/h3>\n\n\n\n

Having a lawyer specialised in property sales allows you to have the arras contract reviewed, assess whether it should be made conditional on the mortgage, and prepare the negotiation with the seller before committing. At Toscanolex we advise you so that you can make informed decisions in your purchase.<\/p>\n\n\n\n

Before signing, take your time<\/h3>\n\n\n\n

Signing in a hurry is the easiest way to overlook important clauses. Take the time to review the contract, tell the seller what you need and check the key points, such as the financing and the valuation, before committing.<\/p>\n\n\n\n

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If you are going to buy a home in Fuengirola or on the Costa del Sol, the best time to ask for advice is before signing any kind of contract<\/strong>. You can visit our website to see how we work: Website: www.toscanolex.es<\/a><\/p>\n\n\n\n

You can also follow us on social media for more useful content about property purchases: Instagram: www.instagram.com\/toscanolex<\/a><\/p>\n\n\n\n

Summary of the essentials<\/h3>\n\n\n\n