Arras penitenciales are a form of deposit arrangement that expressly
allows either party to withdraw under the agreed consequences. Under
the usual Article 1454 structure, the buyer who withdraws loses the
deposit, while the seller who withdraws returns double.
However, the word arras alone should not be treated
as a complete legal explanation. Different deposit arrangements can
serve different purposes, and the actual legal effect depends on the
contract. Your lawyer should confirm that the language matches the
protection and consequences you believe you are accepting.
A mortgage condition is particularly important for financed buyers.
If the contract does not protect the buyer when financing fails, a
declined mortgage may not automatically prevent loss of the deposit.
Buyer withdraws
Under the usual penitential structure, the buyer forfeits the
agreed deposit.
Seller withdraws
Under the usual penitential structure, the seller returns double
the deposit.