What characterizes a preliminary agreement and why is it so important?

This type of document acts as a promise in which both parties commit to concluding a final transaction in the future. A preliminary real estate purchase agreement is especially necessary when you cannot immediately sign a notarial deed—for example, while waiting for a bank decision or when the developer is still completing construction works.

It is worth knowing that a preliminary purchase agreement defines the key terms of the future arrangement. It includes the price, the date of handover of the keys, and the finishing standard. Thanks to it, you gain a claim to conclude the final agreement, which means the seller cannot withdraw from the deal without consequences. J.W. Construction places great emphasis on transparency in these documents, ensuring that each preliminary agreement is clear and fully protects the interests of both parties to the transaction.

As a result, anyone interested in:

• apartments for sale in Warsaw,
• apartments for sale in Gdańsk,
• apartments for sale in Szczecin,

gains access to full information about the unit and a guarantee of a fixed price, regardless of market conditions.

What should a preliminary sales agreement include?

Precision is the key word when drafting this document, as in case of a dispute it serves as clear evidence in court. A properly prepared preliminary apartment purchase agreement should include the following elements in detail:

• Exact description of the property – must include the apartment number, its size, and information about any storage units or parking spaces included.
• Financial terms and security measures – clauses regarding contractual penalties are required, as well as clarification whether the paid amount is a deposit or an advance payment. Remember that a deposit offers stronger protection, because if the developer withdraws, they must return double its value.
• Deadlines – every reliable preliminary apartment agreement must specify the date by which the final transfer of ownership must take place.

Form of protection on the primary market – it is worth checking whether, in your case, a developer agreement should be used instead, as it is a special form of buyer protection regulated by a dedicated law.

Required documents at the notary and visit procedure

Choosing a notarial deed is the safest option, but it requires gathering a full set of documents. Both the seller (developer or private individual) and the buyer must provide a range of documents so that the notary can confirm the legal clarity of the transaction.

The most important documents checked by the notary include:

• Basis of property acquisition – a document confirming how the current owner acquired the property (e.g., notarial deed, final court decision confirming inheritance, or inheritance certificate).
• Current land and mortgage register extract – allows verification that the property is not encumbered by mortgages or third-party claims.
• Land register extract and cadastral map excerpt – necessary to confirm plot boundaries and land designation.
• Certificate of no registered occupants – ensures the property is free of tenants.
• Certificate of no outstanding payments – documents from the property manager or housing association confirming that rent and renovation fund contributions are paid.
• Tax office certificate – in the case of inheritance or donation, confirming that tax obligations have been settled.

How much does a preliminary agreement cost at a notary?

Notary fees mainly depend on the value of the property. The notarial fee is calculated based on regulations issued by the Minister of Justice, although it is often negotiable. On top of this, you must add the cost of copies of the deed and VAT.

Although this represents an expense of several hundred or even several thousand złoty, it provides the strongest possible legal protection.

FAQ – Frequently Asked Questions

What is a preliminary agreement?

It is an obligation for both parties to conclude a final real estate sale agreement in the future under previously agreed terms. It guarantees reservation of the property and defines the key parameters of the transaction.

How much is paid under a preliminary agreement?

Usually, a deposit or advance payment is made at signing, typically 5%–10% of the property price. Additional costs may include notary fees if the agreement is signed in notarial form.

How much is the deposit in a preliminary agreement?

The amount depends on individual arrangements, but it is most often around 10% of the property value. The deposit serves as a binding financial commitment for both parties.

Is a preliminary agreement legally binding?

Yes, it is a binding document that obliges both parties to conclude the final agreement. If signed before a notary, you can enforce property transfer in court.

What should you watch out for in a preliminary agreement?

Check deadlines carefully, refund conditions in case of mortgage refusal, and the exact property standard description. Also verify whether the signatory is authorized to act on behalf of the seller.

Is a preliminary agreement without a notary valid?

Yes, a civil agreement is valid, but it provides weaker protection than a notarial deed. In case of breach, you can usually only claim compensation or a refund of the deposit, not forced purchase of the property.