Legal Q&A · Property Transfer

Is buying property from a bankruptcy estate worthwhile? Will I take over the title sheet encumbrances?

Law as at 5 September 2026

Short answer

Encumbrances are often less problematic than they appear. Realising assets in bankruptcy extinguishes all security rights, subject to narrow exceptions, so the buyer generally does not take over old security interests on the title sheet. The real risks lie elsewhere: the administrator sells without warranties of physical condition and sale terms usually exclude defect liability; bids are commonly binding; and a co-owner’s pre-emption right may overtake a winning bid for a share. Due diligence should therefore precede the bid.

Property from bankruptcy estates attracts buyers with its price but deters them with title sheets full of security interests and notes. The property’s physical condition must also be checked before buying. The law governs the extinction of encumbrances.

What happens to encumbrances?

Act No. 7/2005 Z. z. on Bankruptcy and Restructuring is unexpectedly generous regarding registered encumbrances:

Unofficial English translation:

Realisation of assets extinguishes all security rights except a security interest created by the administrator after bankruptcy was declared under a binding instruction from the competent body, and a security right over a third party’s assets ranking ahead of the security right securing the bankrupt’s obligation.

— Section 93(2) of Act No. 7/2005 Z. z.

Bank security interests and enforcement security interests over the bankrupt’s assets therefore expire by operation of law upon realisation; their removal from the title sheet is an administrative step that still needs completing. The buyer also acquires ownership of an asset included in the inventory even if the bankrupt was not its owner, provided the buyer neither knew nor should have known that (Section 93(3)). This is fundamentally different from buying from an owner whose property is subject to enforcement and who is generally prohibited from selling. We explain the distinction in selling property subject to enforcement.

Where are the real risks?

The administrator realises assets through a public tender, auction, bidding procedure or another suitable method (Section 92(1)), setting the terms themselves. In practice, a bid is commonly binding and withdrawal may forfeit the deposit, inspection opportunities are limited, and sale terms usually exclude liability for physical defects. The law deals with registered encumbrances, not a damp cellar, an unauthorised extension or a non-paying tenant inside.

Defect claims after purchase are therefore substantially harder than in an ordinary sale. We explain what protection a condition clause does and does not provide in buying “as is”. Due diligence before bidding must replace what an agreement addresses in a normal purchase.

Take care when buying a co-ownership share

The administrator is not bound by contractual pre-emption rights. But where a statutory pre-emption right applies, typically other co-owners’ rights on a share sale, the administrator must offer the asset to the entitled person in writing. The administrator ceases to be bound only if the right is not exercised within sixty days of delivery of the offer (Section 93(1)). A winning bid for a share may therefore end with a co-owner buying it. We explain the mechanism in co-owners’ pre-emption rights.

How to prepare before bidding

Read the title sheet and establish which encumbrances will expire upon realisation and which will not. Read the sale terms: whether the bid is binding, the deposit requirements and what happens if you are unsuccessful. Inspect the property and check occupancy arrangements. Structure payment so that funds and ownership transfer together. If you are also a creditor of the bankrupt, consider your own claims; see filing a claim in bankruptcy.

How we can help

Before you bid, we perform property legal due diligence, including the sale terms and which encumbrances will remain after realisation. Our property purchase service covers the purchase from bid to registration, with payment secured through attorney escrow of the purchase price.

If you are considering a bid, contact us before submitting it: you cannot simply take back a binding bid.

This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Must I approach the other co-owners before selling my share in a property? Yes. When a co-ownership share is transferred, the other co-owners have a statutory pre-emption right. You must first offer them the share on the same terms as the intended sale to a third party. Transfers to a close person are exempt: a direct-line relative, sibling, spouse or another person meeting the statutory definition. An overlooked co-owner can challenge a transfer that bypasses this right.
  2. How does a reservation agreement work, and what happens to the reservation fee? A reservation agreement is an unnamed contract: the law does not regulate it specifically, but it is valid if it does not conflict with the law’s content or purpose. Its wording is decisive, particularly the parties’ commitments and what happens to the reservation fee if no purchase agreement is concluded. An agreement with a consumer must not contain unfair terms.
  3. Does a real estate agency have anti-money laundering (AML) obligations? Yes. A real estate agency is an obliged entity under the Act on Protection against the Legalisation of Proceeds of Crime. It must identify and verify clients, perform risk-based due diligence, have an internal AML programme and report unusual business transactions to the Financial Intelligence Unit. Failure to comply can lead to substantial penalties.
  4. Defects appeared after I bought the property. What can I claim from the seller? If a defect later emerges that the seller did not disclose, you are entitled to a reasonable reduction in the purchase price. If it makes the property unusable, or the seller gave false assurances about its qualities, you may withdraw from the agreement. Speed is crucial: notify the seller without undue delay, and no later than 24 months after taking possession, or your rights expire.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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