Sale and purchase agreement — flat, land, car

Under the Civil Code, buying real estate — a flat, house or land — requires a written contract and registration of ownership in the buyer's name at the Public Registry (Articles 183 and 323). Until registration, the seller is still the owner.

For movable property, such as a car, the contract can be simpler, but the car must be re-registered to the new owner at the MIA Service Agency.

Check before you buy

• A Public Registry extract — who the owner is
• Mortgages, seizures, enforcement or other burdens
• Co-owners, and spousal consent if the property was bought during marriage
• Property owned by a child — selling it needs court consent
• Tax and utility debts

What it must include

• An exact description of the property — with the cadastral code
• Price and payment terms — preferably by bank
• Handover date
• Who pays the registration costs
• The seller's guarantee that the property is unencumbered
• What happens if a party fails to perform

Preliminary agreement and deposit

If the deal happens in stages, a preliminary agreement comes first. If the party who paid a deposit breaks the deal, the deposit stays with the recipient. Write clearly whether a payment is a deposit or an advance — they have different consequences.

Common mistakes

• Handing over cash without a receipt
• Writing a lower price in the contract — in a dispute you'll struggle to prove the real amount
• Paying in full before registration
• Checking the registry extract days in advance instead of on the signing day

Will a template do?

A template is written for a general case and doesn't reflect your risks — often it lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal. We draft the contract or review the other side's text before you sign.