Property Purchase Promise Agreement in Colombia: Essential Clauses, Arras and Notarial Authentication

Quick answer: a private seller does not deliver the house, lot, or farm through a WhatsApp chat or with a deposit. What binds it, and binds the buyer, is a written promise of sale that meets article 1611 of the Civil Code. This text explains the general law and does not review the specific property of the person reading it.

Many direct sellers receive a down payment without having written the date of the deed, without knowing what kind of arras they agreed to, and with a title certificate from a year ago. That is where disputes begin. Let's go step by step, in the order things happen: promise, arras, folio, notary, deed, and registration.

What the promise does and does not bind

The promise is a preparatory contract. Its main effect is an obligation to do something: to later execute the deed of sale. This is how the Consejo de Estado's case summary describes it (file 72405, May 2026). It does not transfer ownership.

The sale of real estate is not considered perfected under the law until the public deed is executed (Civil Code, art. 1857). Ownership is transferred when the title is registered at the office of public instruments where the folio is kept (arts. 756 and 759). It is not transferred by signing the promise or by handing over the keys.

In plain terms: even if the buyer already lives in the house and you have the money, the property remains in your name until the deed is registered. That protects both parties, as long as what was agreed is in writing.

The four requirements of article 1611

The promise creates no obligation unless these four points are met at the same time:

• It is in writing.
• The contract promised can be validly formed: capacity of the parties, consent without defects, lawful object, and lawful cause.
• It sets a deadline or a condition that determines when the deed will be signed.
• The contract is specific enough that only the transfer (tradición) and legal formalities remain.

A clarification that confuses many people: the official text of article 1611 refers to article 1511, which deals with error about the substance. The current judicial reading is that the reference points to article 1502, that is, to those four requirements for being bound. It is not a list of errors you need to check.

In practice, "specific" means: identifying the property by its real estate registration number (matrícula inmobiliaria), boundaries, or cadastral number; setting the price and payment method; and writing the notary office, date, and time of the deed. A promise that says "it will be signed when the buyer gets the loan" with no date or clear condition is the easiest to dispute later.

Arras: confirmatory or withdrawal (retracto)

This determines who can back out and at what cost. Between private individuals who are not merchants, the Civil Code governs.

Withdrawal arras (penitential)

If they are given as a guarantee to enter into or carry out the contract, and the written document does not say they are part of the price or a sign that the parties are bound, either party may withdraw. The one who gave them forfeits them; the one who received them returns them doubled. If no withdrawal period was agreed, that right does not extend beyond two months, nor beyond the deed or the start of handing over the property.

Confirmatory arras

If, in writing, they are given as part of the price or as a sign that the parties are bound, they do not by themselves open a withdrawal right. Note: even so, the sale is not perfected until the public deed.

There is no legal percentage for arras, down payment, or "seña" (deposit). The amount is whatever the parties write, and the document must state who receives it, what it is applied to, and what happens if someone withdraws or breaches.

Why article 866 does not apply on its own

The Commercial Code also treats arras as withdrawal rights, but it governs commercial contracts. It does not replace the Civil Code when the seller and buyer are private individuals. If one of the parties sells as a merchant, the regime changes and a lawyer is advisable. Also, do not mix withdrawal arras with a penalty clause for breach in the same promise without clarifying in plain language which one prevails: that contradiction is what ends up in court.

What the folio must show before the down payment

Before receiving a single peso, show a recent title and freedom certificate (certificado de tradición y libertad). That document publishes the legal status of the property and its chain of title. It helps the buyer trust you and helps you avoid promising what you cannot sell. Details in the guide to certificado de tradición y libertad and on how to verify the matrícula inmobiliaria.

What to check: that the seller appears as the owner and that there is no mortgage, family patrimony, or encumbrance the promise must address. An attachment (embargo) is the critical case: if the folio shows one, the alienation has an unlawful object unless the judge authorizes it or the creditor consents, and the registrar will not register the sale without that authorization or consent and a court certificate that there is no embargo on remanentes.

For the deed, the Ministry of Justice (2020 guide, for guidance only) mentions a copy of the acquisition title, a property tax certificate of payment for the last year (paz y salvo predial), a betterment levy certificate of payment (paz y salvo de valorización), a building administration certificate of payment if it is under horizontal property (paz y salvo de administración), a power of attorney if there is an attorney-in-fact, and personal appearance. Each notary office may request additional documents. For the property tax, see the certificado de paz y salvo.

One more thing: physical handover is separate from the transfer of title. If you will hand over the property before the deed, write it down and state what happens if the deed is not signed.

Notarized authentication: what it does and does not do

Bring your cédula and the document, and sign before the notary. Recognition of signature and content identifies the signatories and gives the private document full authenticity and a certain date (Decree 960 of 1970). It serves as evidence if there is a dispute later.

What it does not do: it is not the deed of sale, it does not put the property in the buyer's name, and the notary is not obligated to review the title or correct an incomplete promise. You cover that with the folio and, if needed, a lawyer.

On costs: the expenses of the sale deed are split between seller and buyer unless they agree otherwise. The amount in pesos, including registration, beneficence fund, and withholding, comes from the written settlement of the notary office and the registry office; request it before signing. The guide to notary and registration costs helps you understand the process. And if the buyer pays by check, read about the bounced check scam.

Week of October 12, 2026: do not issue or accept a down payment during the visit

During a holiday weekend with outings, visits to farms, lots, and houses multiply, and that is when people sign in a rush. My advice: do not sign the promise or move the down payment on the same day as the visit. Return to the folio and the deed date the next business day, with the recent certificate in hand. A good deal can wait a day; a bad one falls apart on its own.

How to publish the sale once the promise is clear

With price, registration number, and the status of the process defined, the listing works in your favor: it filters out the curious and attracts people who already know what is being promised. Post photos of the property (never of the contract or ID cards), the price, and what remains pending for the deed. The full step-by-step is in sell without an intermediary.

If the folio shows an attachment, there is an estate succession, or you are selling as a merchant, consult a lawyer before signing.

Frequently asked questions

❓ Does signing the promise make me the owner of the property?

No. The promise obliges you to execute the sale later. Ownership of real estate passes to the buyer with the public deed registered at the registry office, not with the promise or the handover of keys (verify with the official source).

❓ What changes if the arras are confirmatory or withdrawal?

The right to back out changes. Withdrawal arras allow either party to withdraw by forfeiting what was given or returning it doubled; confirmatory arras exist only if the document says they are part of the price or a sign that the parties are bound. The sale still awaits the deed (verify with the official source).

❓ If we don't write the type of arras, can I withdraw?

In a civil sale, silence is read as withdrawal arras. If no deadline was set, that right does not extend beyond two months, nor after the deed is executed or handover begins. It is better to put the type and deadline in writing (verify with the official source).

❓ Does notarizing the promise replace the deed?

No. Recognition proves who signed, where, and on what date. The sale of the property still requires a public deed and registration, and the notary does not examine the title or correct an incomplete promise (verify with the official source).

❓ How much do the notary and registration cost?

There is no fixed percentage that applies to everyone. The costs of the deed are split between seller and buyer unless otherwise agreed, and the amount in pesos comes from the written settlement of the notary office and the registry office (verify with the official source).

❓ How do I sell safely and avoid scams?

Show a recent title certificate, do not accept a down payment until the promise has a deed date and type of arras, and be wary of payments by check or payment receipts sent by chat. If the folio shows an attachment, the registrar will not register the sale unless the judge authorizes it or the creditor consents, and the court certifies there is no embargo on remanentes (Law 1579 of 2012, art. 34, consulted in October 2026).

❓ Where do I publish the sale of my house without an agency?

In an online listing with photos of the property, price, registration number, and the status of the process, once the promise is clear. This way interested parties arrive with the terms in view and you keep direct contact (verify with the official source).