What Happens If I Change My Mind After Signing the Apartado

Changing your mind after putting down an apartado (reservation deposit) on a home is more common than it seems, and the consequences depend on the contract you signed. In most cases, the apartado is an agreement in which you hand over a sum of money to take the property off the market while the purchase is being finalized. If you decide not to go through with it, you will usually lose all or part of that amount, unless the contract provides for a refund under certain conditions. That is why it is essential to read the clauses carefully before signing any apartado.

What really matters is the contract

There is no single rule that applies to every apartado: everything depends on what was agreed in writing. Some contracts include a penalty clause (cláusula penal) that sets what percentage is withheld if the buyer backs out, while others are more flexible and allow a partial refund if you give notice within a certain period. Before signing, it is a good idea to get advice from a lawyer or notary public (notario público) so you understand exactly what happens in the event of cancellation, whether by the buyer or the seller. This prior review helps you avoid unpleasant surprises and lets you negotiate fairer terms before committing your money.

The most common types of clauses

In practice, apartado contracts usually take one of the following forms, each with different implications for a buyer who changes their mind:

• Full retention of the deposit with no exceptions
• Partial refund if notice is given within a defined period
• A fixed percentage penalty on the amount paid
• The option to transfer the apartado to another interested buyer
• Clauses that also penalize the seller if they default

How to reduce your risk before paying an apartado

If you still have doubts about the purchase, there are steps you can take before signing the apartado to protect yourself. The key is to anticipate the scenario of changing your mind even when you are convinced you want to move forward, because personal or financial circumstances can change within a matter of weeks.

• Negotiate a reflection period before committing to the payment
• Ask that the contract specify the refund percentage
• Confirm your credit situation before paying the apartado
• Visit the property more than once, without rushing
• Have the contract reviewed by an independent professional

Frequently asked questions

Do I always lose all of the apartado money?

Not necessarily. It depends on the contract's clauses; some allow a partial refund if you give notice within a set period, while others withhold the full amount.

Can I negotiate a refund after signing?

It's possible, though not guaranteed. Speaking directly with the seller and explaining your situation can sometimes lead to an agreement, especially if the property can be relisted quickly.

Can the seller also back out?

Yes, which is why many contracts include penalties for both parties. If the seller defaults, depending on the clause you may be able to demand compensation equal to the apartado amount or more.