By Pérez Lex — a licensed Salvadoran law firm · No commissions from sellers or agents

Promise to purchase in El Salvador: what to write in it before you pay a deposit

The promise contract ("promesa de venta") is where most foreign buyers first send money. It protects your deposit only if it meets four legal conditions and contains the right clauses. This page gives you both, and the rule for your deposit if one side walks away.

Written and reviewed by Nelson Pérez, attorney licensed in El Salvador. Last reviewed: 8 November 2026. General information, not advice on your case.

What the promise does, and what it does not do

The promise fixes the price, the deposit, the conditions and the date of the deed. It does not make you the owner. You become the owner with the deed of sale before a notario, and you are protected against third parties when the deed is registered at the CNR (Centro Nacional de Registros). Until then, the seller still appears as owner in the registry.

The four conditions of the law

If one is missing, the promise does not bind, and your deposit has weak protection.

Civil Code of El Salvador · Art. 1425 (summary)
A promise to sign a contract produces an obligation only if: (1) it is in writing; (2) the promised contract is not one the law makes ineffective; (3) it contains a term or a condition that fixes the time to sign the contract; and (4) it describes the contract so completely that only the delivery of the thing or the legal formalities are missing.

In practice, for a property: name the parties, the property with its registry number (matrícula), the price, how and when it is paid, and the last date to sign the deed.

Six clauses that protect a buyer's deposit

1. The sale depends on a clean title

Write that the deed goes ahead only if the title study shows the seller as registered owner, with no mortgage, lien or lawsuit that the seller does not clear before the deed. If the title is not clean, the deposit comes back in full.

2. Who signs for the seller

Name the person who will sign the deed. If it is a representative, the promise should require a valid power of attorney that covers the sale.

3. The house, not only the land

If there is a house, write that the seller delivers its permits and that the registry describes it. A registry record may describe only the land.

4. No municipal debt

The seller delivers proof that the municipal account of the property has no debt before the deed.

5. The deposit rule, in words

Say what the deposit is and what happens to it in each case: you withdraw, the seller withdraws, a condition fails. If the deposit is agreed as arras, the Civil Code (Art. 1607) lets either side withdraw: the buyer who withdraws loses it, the seller who withdraws returns it doubled.

6. A date, and what happens after it

Fix the last date to sign the deed. Say what happens if a government office delays a document: a short extension, not a lost deposit.

Before you sign the promise

Check the registry first

A first check shows the registered owner and the visible liens. Our Red Flag Scan costs $199, in writing in 48 hours, and counts toward the full Title Guard study ($1,950–$2,500) within 30 days.

Confirm every payment instruction by phone

Criminals send fake bank details in cross-border property deals. Confirm any account number by a call to a number you already know, never to one in the same email.

Read it in your language

The promise is usually in Spanish. Ask for a written explanation of each clause in your language before you sign, not on the day.

The full sequence after the promise — deed, transfer tax, registration, municipal account — is on LegalSV: Buying property in El Salvador as a foreigner: the 6 steps and the costs. The 13 title risks are on our buyer's guide.

Send us the promise before you sign it

Send the draft and the property's registry number. A licensed Salvadoran attorney answers, in English. We do not represent sellers or agents.

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Fees, published: Red Flag Scan $199 · Title Guard $1,950–$2,500 · Turn-key closing $1,500 up to $500,000, 0.3% of the full price above.

Larger purchase, or you cannot visit the property?

Two published options. Fixed in writing before you commit; official costs itemized apart.

Step 1 — On-site property visit: $950

A lawyer visits the property, with you or for you, and compares what is on the ground with the registry record. Written report before you sign or pay a deposit. Credited toward your closing if you hire us for it.

Book a property visit →

Certainty Closing — 0.75% of the price, minimum $5,000

For purchases above $500,000: full title study and on-site visit, deed by our notario filed at the registry, every wire verified by voice, follow-up until the title is in your name, CNR registry alert and a final written report. Example: $1,250,000 = $9,375.

Ask about Certainty Closing → · All fees