Our expert answers: Jaime Barea, director of the Legal Department of Ganvam
It depends on what kind of book you have entered into with the seller. Here it is important to note that there two types of signals, or arras- when the buyer is a consumer: confirmatory or penitential, and the dealer or sales can use both. Despite the striking their names, they are easy to recognize, especially when viewed in the written document justifying the delivery of the signal.
The confirmatory is the signal which is given as payment of the agreed price. If after the deadline as validity period of the signal or even before maturity, you decide not to formalize the car payment, it is understood that waive the purchase and the seller may keep the signal to make up for possible expenses incurred (Gestoría expenses, transfers ...) or you can consider that the sale is made and demand that you deliver the rest of the money and you take the vehicle.
The penitential supposed losing the signal directly if cancel the purchase. In this case it is important to know that if the agreed period is the seller who can not deliver the car for whatever reason, should return you twice the amount you paid as a sign. Remember that the signal has this character must appear so explicitly in the document ("In the event that the selling party decides to solve this sale, you must return the folded sign ..."), Otherwise it will be understood that it is a confirmatory sign.
You want to know more? Subscribe to the Blog Ganvam: Http://www.ganvam.es/blog/.