It is not for nothing that it is said that what is written is given. In law, this is doubly true. Whether you’re buying or selling a property, everything that matters should be written in the contract. A properly drafted real estate purchase agreement protects both the buyer and the seller and prevents future disputes. In this article, we therefore bring you the main points that must not be missing from the purchase contract.
Real estate agents, but also some sellers often postpone negotiations on the purchase contract until the last minute. Then they present a document written in several fonts, with terrible formatting and spelling mistakes. And they insist on signing immediately, because time is short and the obligations of the future contract must be met. The form does not matter so much, of course, but it often goes hand in hand with the content of the agreement, and thus the factual correctness. On the other hand, even a seemingly perfect and multi-page agreement on letterhead may not be free from fundamental defects.
When buying a property, whether it is a contract for the purchase of an apartment or a house, the written form of the contract must be observed. It must contain at least the following information, which we have summarised in five simple points:
1. The parties to the contract – Clearly defining the seller and the buyer is an absolute must. The seller must of course be the owner of the property registered in the Land Registry. Ideally, he should be identified not only by name and address, but also by his birth number. If there are more than one owner, they must all be listed.
2. Property – Most mistakes are made when specifying the property. It must be identified exactly as it is defined in the Land Registry. Otherwise, there is a risk that the Land Registry will reject the entire purchase and not transfer the property to the new owner. It is sufficient, for example, if the contract omits the ownership interest in the building or land. Without the correct definition of the object of the transfer, the Land Registry would not be able to register the property and the contract of sale would be ineffective.
Tip: We will help you with the drafting of the application for entry into the Land Registry so that everything is in order the first time and you do not miss important deadlines or lose money.
3. Purchase price – Determining the amount of the purchase price is always an essential point in the contract. However, the purchase contract must also specify exactly how the money will be paid. And also when. Usually escrow is used, in fact we always recommend this to our clients. Negotiate the terms and any contractual penalties if something is not realised on time.
4. Taking over the property – The contract also states who will make the application for registration in the Land Registry and by when, who will pay the fee, when exactly the apartment or house will be handed over or when the original owner will move out. Here too, it is advisable to negotiate penalties for non-compliance with the agreed terms.
5. Signatures – In any case, have the signatures verified, just at the post office or Czech Point. However, the parties do not have to sign at the same time in the same place. It is common for the buyer to sign the contract in Žižkov and the seller in Beroun.
Mr. Tomáš, a marketing consultant from Brno, was buying an apartment without a real estate agent. However, the seller presented him with such a complicated and unclear purchase contract for the apartment that Tomáš did not know how to deal with it himself. As if that wasn’t enough, the seller also failed to mention in the contract that the apartment was subject to a mortgage and a lien. Once it got to the bank, where Mr Tomáš was promised a loan, the whole transfer almost fell through. The bank clerk was furious and no one knew exactly how to modify the contract.
How do I sell my garage or garage space and what should the purchase contract contain? Find out in our article.
Every real estate purchase contract should contain a statement of legal and factual defects in addition to the basic information. From the buyer’s point of view, it is therefore more than advisable to insist that the seller explicitly declares in the purchase contract that the flat or other property being transferred is free from any legal or factual defects. This may be, for example, a lease to “unacknowledged” tenants or broken built-in appliances.
The seller should also declare that there is no bankruptcy or foreclosure on his property or that no one has declared permanent residence in the apartment.
On the other hand, the seller should insist on a declaration that the buyer has familiarised himself with the apartment, has seen everything, knows everything and has been everywhere, so to speak, three times (i.e. everywhere – we mean in the apartment and its surroundings). Ideally, the buyer should expressly declare that he waives any defects that might appear later on.
We provide comprehensive legal services related to the purchase or sale of real estate, including reservation agreements and escrow services. We can also assist with land registry and tax matters. We can handle everything within 48 hours, even when purchasing from a developer.
The seller then wants to have the purchase price secured in advance through escrow so that he does not lose the apartment and the money. An escrow is a special account that a notary, lawyer or bank opens for you. The buyer will transfer the money corresponding to the purchase price into this account and once the property has been transferred, this money will be paid to the seller. Both parties are thus assured that nothing will happen to their money.
Tip: You can read more about escrowing the purchase price when buying a property in our article.
To protect both the buyer and the seller, it is advisable to add a contractual penalty to the contract, which could be applied in the event that any of the statements made by either party prove to be false. We recommend insisting on such a contractual penalty. A seller or buyer who has a ‘clear conscience’ should not object to a penalty.
However, in addition to the contractual penalty, we recommend insisting on the obligation to compensate for any actual damages in the event of a breach of contract, for example by one of the parties giving false information, and to provide for the possibility to withdraw from the contract. All of this can be described simply, sparingly and clearly, without the need for reams of paperwork. There is strength in simplicity, so keep this in mind when drafting a purchase agreement.
A well-written purchase contract will prevent many problems that can arise. If everything goes well, we don’t even have the opportunity to appreciate its quality. However, when a situation arises that the contract does not address, the law is followed and litigation may result.
Tip: Going to court? We will assess your chances of success in court and propose a solution that will lead to the desired outcome.
It is appropriate to collect evidence and other supporting documents for this case. For example, keep email communications with the estate agent, seller or buyer, but also with your own solicitor. So it is definitely better to put everything in writing, even though it may be a more time-consuming journey. You also need to check that you have copies of all necessary contracts and that all signatures are on them. Whether you are preparing a purchase agreement for an apartment or a house, simplicity and clarity are always the keys to a smooth transfer.
A real estate purchase contract must always be in writing and contain a clear identification of the parties (ideally name, address and date of birth), a precise definition of the property to be transferred according to the cadastre, an agreement on the purchase price including the method and date of payment (most often through a lawyer, notary or bank escrow), the deadlines for filing a petition for registration, payment of the fee, handover and vacating the property and the parties’ verified signatures (traditionally at Czech Point, now also electronically). It is advisable to add to the contract a declaration by the seller that there are no legal or factual defects in the property and a declaration by the buyer that he/she has familiarised himself/herself with the apartment or house. A contractual penalty clause is a practical protection for both parties, as well as the possibility to claim damages if a statement proves to be untrue. A carefully drafted contract protects both parties against refusal of the entry into the Land Registry, loss of money and future litigation.
We prepared this article for the Lidové noviny series “Law & Housing”. See also other articles from the series:
Yes, the written form is mandatory, otherwise the Land Registry would not be able to register the transfer and the contract would be invalid.
The name, surname, address and date of birth must be given; the birth number is optional and should only be given if necessary.
The safest is a lawyer’s, notary’s or bank escrow – the money is paid to the seller after the transfer of ownership.
If the data do not match the entry in the Land Registry (e.g. the share in the land is missing), the Land Registry will reject the application for entry and the transfer will not take place
A contractual penalty motivates the parties to comply with the agreements and provides a quick sanction, while damages allow the recovery of actual financial loss in the event of a breach of contract.
We provide comprehensive legal services related to the purchase or sale of real estate, including reservation agreements and escrow services. We can also assist with land registry and tax matters. We can handle everything within 48 hours, even when purchasing from a developer.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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