Determination of the purchase price
The purchase price should be determined in a clear and understandable manner. When concluding a purchase contract for real estate or, for example, when transferring a condominium, the price is of course one of the most important “details” of the contract. The purchase price is also, together with the actual definition of the object of purchase (i.e. the thing to be acquired by the buyer under the purchase contract), an essential element of the purchase contract. Therefore, the amount of the purchase price or the manner of its additional determination must be agreed between the seller and the buyer in the course of the negotiations for the conclusion of the purchase contract. Otherwise, the purchase contract is not validly concluded.
Sometimes the price is expressed not only in figures but also in words so that it cannot be adjusted. However, this increases the emphasis on care, as it is necessary to bear in mind the need to change not only the number but also the bracketed text, which often appears in several places. It may therefore be advisable, especially for simpler contracts, to prefer to use only one variant and to leave only the numerals.
In the context of a property purchase, the purchase price is often the subject of complex negotiations. It may be fixed or, in some cases, it may be determined by a formula – for example, according to the actual floor area of the flat after completion. However, care should always be taken to ensure that the contract does not leave room for different interpretations.
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Dependence of the purchase price on an unclear factor
Another thing that can go wrong when buying a property is setting a price dependent on an unclear factor. For example, for a home that is under construction or being remodeled, the price is sometimes determined by the number of square feet. However, the size of the apartment may end up being different than planned and the contract should take this into account. It even happened to us that the developer wanted to use the change in the square meter conversion to his advantage (he suddenly started counting internal partitions and columns as well, as the new law stipulates, and thus made the apartment hundreds of thousands more expensive). Moreover, if the price determination was completely unclear, the contract for the purchase of the property could be invalid.
However, the most important recommendation is that the parties should use a lawyer or notary public. This allows for the safe payment of the purchase price only when the ownership is actually transferred or even the apartment is properly handed over (without any encumbrances). The parties are thus assured that the contract price will go where they agreed and at the moment when the transfer of the property is completed.
The contract price should also be paid in cashless payment. The limit for cash payments has been set at CZK 270,000 as of 1 December 2014. Cashless payment is also advantageous because it is easier to prove that the payment has been made.
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Summary
The contract of sale is a key document in thepurchase of a propertyand its proper drafting is essential for the validity of the entire transfer. One of the most important points of the contract is the clearly and unambiguously stated purchase price, which must be agreed between the seller and the buyer – without this agreement, the contract is not valid. The price can be expressed in numbers or words, but the emphasis should be on accuracy and consistency throughout the document. If the purchase price is dependent on a variable factor (e.g. the size of the apartment after completion), it must be contractually addressed, otherwise there is a risk of legal uncertainty or even invalidity of the contract. It is advisable to use a solicitor or notary to ensure that the money is transferred after the transfer of ownership is completed. At the same time, it is advisable to make the payment in cashless form, not only because of the legal limit of CZK 270,000, but also because it is easier to prove. Thus, when buying a property, it is crucial not only to negotiate the price, but also to treat it correctly in the contract and avoid the risks of unclear wording.
