Preliminary Agreement 2026: 7 Steps to a Secure Transaction

A preliminary real estate sales agreement is the foundation of a secure transaction. If you are wondering what a preliminary sales agreement must contain to effectively protect your interests, we have prepared a practical guide. This document obligates both parties to enter into a final agreement in the future, so it is worth paying attention to every detail.

Why should you check the legal status of the property?

Before you sign any commitment, verify the land and mortgage register (księga wieczysta). This is a crucial step that allows you to confirm that the seller is the actual owner and that the property is not encumbered by mortgages or claims. If you are just looking for your new place, browse current apartments for sale. If you have doubts regarding the entries in the register, it is worth using the services offered by professional real estate agencies, as their experience facilitates the legal audit.

Key elements of the preliminary agreement

A properly drafted document should include precise details of both parties. If the property is joint marital property, signatures from both spouses are required. You must also accurately describe the subject of the transaction: address, land and mortgage register number, square footage, and any appurtenances such as a garage or storage unit.

Deadlines and financial terms of the transaction

The agreement must specify a concrete date for signing the notarial deed. When setting the date, consider the time needed to complete formalities, including obtaining a mortgage decision. If you need more space, check out available houses for sale.

Another important point is the price and payment method. Decide whether you will use a deposit (zadatek) or an advance payment (zaliczka). A deposit acts as a security measure: if the buyer withdraws from the agreement, the seller keeps the money. If the seller is at fault, they must return double the deposit amount. To check if the price is market-appropriate, analyze real estate prices.

Protecting the interests of the buyer and seller

It is worth including provisions for contractual penalties for missing deadlines. Remember that a preliminary agreement concluded in the form of a notarial deed provides stronger legal protection. In such a case, if the other party evades finalizing the deal, you can pursue the conclusion of the final agreement in court.

Documents necessary to finalize the process

Preparing the appropriate attachments is key to security. The most important ones include:

• An excerpt from the land and mortgage register.

• Basis of acquisition (e.g., a notarial deed).

• Certificate of no registered residents.

• Certificate of no outstanding utility or administrative fees.

• Energy performance certificate.

Avoid the most common mistakes

Haste is a poor advisor. The most common mistakes include: failure to verify entries in sections III and IV of the land and mortgage register, insufficient time to obtain a mortgage, and failure to obtain the signatures of all co-owners. If you are planning to build your own home, check out plots for sale before making a decision.

--- Sources: Information on the principles of real estate trading in Poland can be found on the government portal and in our guide. ---