Binding offer
Binding offer
A closed proposal, with an expiry date, that the other party signs or declines. No chat, no haggling, and no account for them to create.
What it is, and why the deadline matters
A binding offer is not just any proposal. Whoever issues it is bound by it while it stands, and whoever receives it cannot counter-offer: they accept or they decline. That rigidity is precisely its strength. It closes the conversation instead of opening it.
The Ley Orgánica 1/2025 sets it out in article 17 as one of the appropriate dispute resolution methods. Paragraph 4 fixes the deadline: the offer falls away if it is not expressly accepted within one month, or within any longer period set by the party making the request. In other words, one month is the floor, and whoever issues the offer may allow more time if that suits them.
Capibara applies one month counted date to date as the standard period, which is the legal minimum, and lets whoever issues the offer set a longer one from the form itself.
Why it is sent with a certified signature
The same article, in paragraph 2, requires the method of sending to evidence the identity of the offeror, actual receipt by the other party, the date of that receipt and the content. An ordinary email evidences none of those four things. That is why the offer is sent through Lleida.net, a qualified trust service provider: what the law asks for is exactly what the certificate records.
When a lawyer is required
Article 6.2 of the same law is categorical: legal assistance is mandatory when the method chosen is a binding offer, unless the amount at stake is two thousand euros or less, or a sector-specific law does not require counsel.
Put plainly: below €2,000 you can send it yourself; above that, the law requires the parties to be assisted by a lawyer.
Capibara checks this. When you enter the amount in the form, if it reaches that figure the app stops the sending and offers to hand over to a professional from the directory, who drafts and handles the offer for you. It is not a notice you can dismiss: without a lawyer, the offer does not go out.
Capibara does not provide legal advice and does not judge the merits of your claim.
How it differs from negotiating
| Binding offer | Negotiation | |
|---|---|---|
| Format | Closed proposal | Chat with proposals going back and forth |
| The other party | Accepts or declines | Counter-proposes, up to five times |
| Account needed? | No, they sign from the email | Yes |
| Deadline | One month, extendable by the issuer | The invitation expires after 31 days |
| Price | €22.90 | €12.90 |
In short: if you think there is room to talk, negotiate. If you already know what you can offer and want a clear answer, send a binding offer.
How it is sent
- You fill in the guided form. Who you are, who receives it, the dispute, the amount and the terms. The form tells you what is missing.
- You review the document. Capibara generates the contract with your details and those of the other party, with its clauses and its statement of facts.
- It is sent with a certified signature. The other party receives it by email through Lleida.net and signs from the browser.
- You both sign. Once both signatures are in, both parties receive the signed document and its certificate.
If they do not reply, the system reminds them of the offer before it lapses. When the period runs out, the case closes on its own.
What it costs
€22.90, VAT included, if you draft it yourself. €120.00 if you commission the drafting from a professional in the directory. In both cases it is a single payment and it covers the signature of both parties. The full breakdown is on pricing.
Frequently asked
- What exactly is a binding offer?
- It is a closed settlement proposal: whoever issues it is bound by it while it stands, and whoever receives it can only accept or decline, with no counter-proposal. It is one of the appropriate dispute resolution methods set out in the Ley Orgánica 1/2025.
- How long does the other party have to reply?
- One month from sending, counted date to date, which is the minimum period set by article 17.4 of the Ley Orgánica 1/2025. If you would rather allow more time, you can set a longer period in the form: the law expressly permits it. If it lapses without a reply, the offer falls away and the case closes with the certificate of the attempt.
- Does the other party have to download the app?
- No. They receive the offer by email and sign from there, in the browser. That is the main difference from negotiating in the chat, which does require them to register.
- What happens if they decline or never reply?
- The case closes and you obtain the certificate of the attempt, with the date and time of sending, of delivery and of the reply if there was one. That document shows you attempted an agreement before going to court.
- Do I need a lawyer to send a binding offer?
- It depends on the amount. Article 6.2 of the Ley Orgánica 1/2025 makes legal assistance mandatory when the method chosen is a binding offer, unless the amount at stake is two thousand euros or less, or a sector-specific law does not require it. Below that figure you can send it yourself. At or above it, the app stops the sending and routes you to a professional from the directory, who drafts it for you.
- Could I send it by burofax or SMS instead?
- You can, but you do not get the same thing. A burofax evidences the sending and the content, not the acceptance; an SMS evidences almost nothing. A binding offer sent with a certified electronic signature records the sending, the delivery, the identity of the signer and the exact document that was signed.
- How much does it cost?
- €22.90, VAT included, if you draft it yourself with the guided form. €120.00 if you would rather commission the drafting from a professional in the directory, who prepares the document and handles it with you.
- Does it carry the same force as a contract?
- Once signed by both parties, yes: it is a contract between them. The signature is handled through Lleida.net, a qualified trust service provider listed on the Spanish trusted list, and both parties receive the document and the signature certificate.
Capibara Legal, S.L. is a private negotiation and settlement service.
