House sale agreement

A flat transfer covers one unit with a co-ownership share in the building and land. A house transfer covers the building and separate parcels — built-up area, yard, garden and sometimes a share in the access road — plus appurtenances such as a garage, well or utility connections. Each must be precisely identified in the agreement using Land Register details. While a new development is backed by developer warranties, for an older house the agreement between you and the other party addresses defects.

All parcels belonging to the house, not just the one beneath it. The built-up area and yard, garden and adjacent land often appear as separate parcels on the title deed, and each must be listed separately in the agreement with its parcel number and area. If only part of a plot is sold or the land is divided, a geometric survey plan creating the new parcels is needed. We also check access: if it crosses someone else's land, an easement or co-ownership share must cover it, otherwise you may buy a house you cannot legally access.

An older house is sold in its existing condition — which makes the agreement's description crucial. Known defects belong in the agreement; if the seller fails to disclose a defect that later emerges, the Civil Code (No. 40/1964 Zb., § 597) gives the buyer a right to a price reduction and, for a serious defect, withdrawal. However, hidden defects must be notified without undue delay and no later than 24 months after handover (§ 599), otherwise the rights expire. An accurate condition description and seller representations protect the buyer, while truthful representations protect the seller — matters honestly described in the agreement are harder to dispute later.

Both situations are common and the agreement must address them together. If the seller has a mortgage, part of the purchase price is usually used directly to repay it, with arrangements to remove the security interest so that the buyer does not acquire someone else's debt with the house. If the buyer's bank finances the purchase, we align the agreement with its loan conditions and security agreements so that drawdown, payment and registration follow one another. When both mortgages are involved, the order is crucial — we set it in the agreement in advance.

As a rule, yes. The owner of a building must have an energy performance certificate by the date the purchase agreement is concluded and hand a valid certificate to the new owner (§ 8(1)(c) and (2)(c) of Act No. 555/2005 Coll.). The law does, however, provide exceptions, for example detached buildings with a useful floor area of less than 50 m², residential buildings intended for use for less than four months a year and, under statutory conditions, some protected heritage buildings (§ 2(2)). When an unfinished house without a certificate is sold, a design energy assessment is handed over instead (§ 8(4)). We record the handover of the certificate in the agreement alongside other house documents — plans, inspection reports and utility connection documents, if available. If you do not yet have the certificate, we explain how to obtain it so it does not delay signing.

Not if we authorise the agreement. Although the Land Register requires the transferor's officially certified signature on a property transfer agreement, this does not apply to a lawyer-authorised agreement under § 42(3) of the Cadastral Act. During authorisation, we establish the parties' identities, assess the agreement's content and take responsibility covered by mandatory lawyer insurance — giving both parties stronger protection than signature certification alone. For a house, there is another practical benefit: several parcels may transfer together, and authorisation is the stage at which the agreement's content receives professional assessment before reaching the Land Register. It is a separate service alongside the agreement, priced in advance.

According to your needs. This service covers drafting or reviewing the sale agreement itself — including payment arrangements and assistance with signing. If you want the purchase price held in lawyer escrow and released only after registration of the new owner, and us to apply for registration and monitor Land Register proceedings, we handle the entire transaction through our complete property transfer service. We explain the difference in scope and price at the initial consultation.