How do you prepare a preliminary agreement for the sale of a property?

You are selling a house or flat and have found the ideal buyer. Before you finalise the transaction, though, think about protecting your interests with a preliminary sale agreement (umowa przedwstępna). It is worth knowing how to prepare it correctly, because only then can you be sure that no unexpected situations will arise.

In a preliminary agreement the seller and the buyer undertake to conclude the final agreement, that is, they declare that ownership will be transferred and the property handed over to the buyer, who in turn declares that they will pay the full sale price. A preliminary agreement is a protective document and can be concluded in any form, but it is worth concluding it in the form of a notarial deed (akt notarialny), because then you will not only be able to claim damages, but will also gain additional legal protection.

A preliminary agreement for the sale of a property should contain the following information:

• Identification of the parties on the basis of their ID card data;
• A precise description of the subject of the agreement (land and mortgage register (księga wieczysta) number, location, address, area, information on fittings);
• Indication of the document that establishes the seller's ownership right;
• Determination of the form of ownership (separate ownership or cooperative ownership right (spółdzielcze własnościowe prawo do lokalu) and co-ownership issues)
• Specification of the sale price of the property (stating the amount or the criteria and method of calculating it),
• The date and place of drawing up the final agreement,
• Information on the future transfer of ownership rights.

To better protect the interests of both parties, the document should also include:

• Information on payment for the property (bank account number, the possibility of paying in instalments, the date by which the full price is to be paid);
• Information on a deposit (zadatek) or an advance payment (zaliczka);
• A statement of the circumstances in which either party may withdraw from concluding the final agreement;
• A statement of the date on which the property will be handed over;
• Information on its condition;
• Information on legal encumbrances;
• A declaration that the seller has fulfilled their obligations (a statement that all fees related to using the property have been paid and that persons registered as resident in the flat/house have deregistered).

READ ALSO – WITHDRAWAL FROM A PRELIMINARY AGREEMENT FOR THE SALE OF A PROPERTY

When preparing a preliminary agreement for the sale of a property, keep even the smallest details in mind. By including all the data you can be sure that your interests are protected and that all the formal and legal requirements related to the sale of the property will be met.

When using ready-made contract templates from the Internet, you should also check that they do not contain any prohibited contractual clauses. A list of them can be found in the register available on the website of the Office of Competition and Consumer Protection (http://uokik.gov.pl/rejestr/).

Do you want to be sure that the whole transaction goes smoothly and all formalities are completed? Contact the agents at our estate agency in Katowice, who will give you all the help you need!