The characteristics of the preliminary agreement (umowa przedwstępna)

Today, an important topic that protects the interests of both the estate agency and the client. What is it about? I invite you to read the article on preliminary agreements (umowa przedwstępna) and their role in the industry.

A preliminary agreement is, in the most general terms, a document thanks to which both the buyer and the seller give themselves time to finalise the transaction, whether it concerns the transfer of ownership of a property or the regulation of a tenancy. It binds both parties from the moment its specific terms are agreed until the provisions are carried out, and gives a guarantee of protection should either party withdraw or make any changes.

One of the most common reasons why preliminary agreements are concluded is the buyer's need to arrange funds to cover the costs of buying or renting a property. In addition, their subject may be the legal regulation of the status of a given property, obtaining the necessary building permits, or any modifications to the spatial development plan.

The Civil Code contains all the necessary information on concluding preliminary agreements and the individual elements that make them up. These are, of course, the parties to the transaction, the deadline for performance, the security terms, and the consequences of failing to keep the agreement.

Importantly, such agreements do not have to be formally concluded in the form of a notarial deed (akt notarialny), which ensures that the parties' rights can be enforced in court, so the ordinary written form is just as valid and binding, although it gives rise to quite different legal effects.

The content of a preliminary agreement in the context of buying or renting a property is drawn up according to the individual needs of both parties, which is why it is often worth consulting a legal adviser in order to prepare a reliable document.

Best regards, Marta Kulawik