Preliminary sale agreement checklist for Greece
Preliminary sale agreement (notarial): review checklistΣυμβολαιογραφικό προσύμφωνο αγοραπωλησίας ακινήτου
In Greece a preliminary agreement to sell real estate (προσύμφωνο) is binding only as a notarial deed. The notary drafts it. Use this checklist to prepare the facts the notary needs and to review the draft before you sign: price, earnest, conditions, deadlines, delivery and default.
Use it when buyer and seller agree to commit before the final deed, for example because the buyer needs a loan or the seller needs time to complete the Electronic Building Identity or clear a mortgage. If all documents are ready, the parties can skip the preliminary agreement and sign the final deed directly. Read the notary's draft at least a few days before the signing, with your own lawyer if you can.
Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.
Key facts
- Applies to
- Whole country
- Form
- Notarial deed. The preliminary agreement takes the form of the final contract (Civil Code art. 166), which needs a notarial deed (art. 369).
- Private agreement
- Void for lack of form (art. 159). Earnest tied to it is also void and can only be reclaimed as unjust enrichment (art. 904).
- Earnest (αρραβώνας)
- If the party who gave it defaults, the other keeps it. If the party who received it defaults, that party repays double (arts. 402 and 403).
- Advance payment (προκαταβολή)
- A plain part-payment of the price. If the sale does not happen, it is returned, with no penalty effect.
- Penalty clause (ποινική ρήτρα)
- An agreed sum due on default without proof of loss (arts. 404 and 405).
- Penalty or performance
- Claiming the penalty for non-performance excludes claiming performance (art. 406).
- Refusal to sign the final deed
- The other party can sue for performance or claim damages. A final judgment counts as the refusing party's consent.
- After the judgment
- The claimant completes the final deed alone, using the judgment in place of the refusing party's declaration.
- Registration
- None. The preliminary agreement is a contract of obligation and is not registered in the Cadastre.
The checklist
Before you ask the notary to draft
Agree who the notary is and send the notary both parties' identity documents and Greek tax numbers.Ταυτότητα / διαβατήριο, ΑΦΜ
Give the notary the seller's title deed and the Cadastre code of the property.Τίτλος κτήσης, ΚΑΕΚ
The deed must identify the property exactly and show how the seller acquired it.
Have your lawyer check the Cadastre sheet for mortgages, pre-notations, seizures and claims before the signing.Κτηματολογικό φύλλο, πιστοποιητικό βαρών
Decide whether the money paid at signing is earnest, an advance payment or both, and whether you add a penalty clause.Αρραβώνας, προκαταβολή, ποινική ρήτρα
Terms to check in the draft
Full identification of the property: address, floor, area, Cadastre code, share of the land, parking and storage.Περιγραφή ακινήτου, ποσοστό εξ αδιαιρέτου
The final deed must match the preliminary agreement. A mismatch delays the transfer.
Price, the amount and nature of the sum paid now, and how and when the balance is paid.Τίμημα, τρόπος εξόφλησης
The notary records the payment. Bank payments leave a trace that protects both sides.
Deadline for the final deed, and what happens if it passes.Προθεσμία υπογραφής οριστικού συμβολαίου
Without a clear date it is hard to show which party is in default.
Conditions: loan approval by a date, the Electronic Building Identity, mortgage release, delivery free of tenants.Αναβλητικές αιρέσεις
If a condition fails, the draft must say whether the earnest is returned. Otherwise the default rules of the Civil Code decide.
Seller's duty to deliver the Building Identity completeness certificate, energy and ENFIA certificates, tax clearance.Πιστοποιητικό πληρότητας ΗΤΚ, ΠΕΑ, πιστοποιητικό ΕΝΦΙΑ, φορολογική ενημερότητα
The notary cannot sign the final deed without these transfer documents.
Who pays unpaid common charges, property tax and utility bills up to the deed date.Κοινόχρηστα, ΕΝΦΙΑ, λογαριασμοί
Unpaid building charges cause disputes with the building manager after the sale.
Date and conditions of handing over possession and keys.Παράδοση νομής και κατοχής
Possession before the final deed shifts risk and costs to the buyer. Agree it in writing.
Signing day
Read the whole deed with the notary. Ask for a translator or interpreter if you do not read Greek.Ανάγνωση της πράξης
The deed is in Greek and binds you as written.
Pay the earnest by bank transfer or banker's cheque and make sure the notary records it.Καταβολή αρραβώνα
The deed and the bank record together prove the payment if a dispute follows.
If a representative signs for you, agree the power of attorney's form with the notary. Apostille it if signed abroad.Πληρεξούσιο
The notary checks the power of attorney before the signing and can refuse one in the wrong form.
Between the agreement and the final deed
Track each condition and its deadline, and keep written proof of your loan application and the bank's answer.Πλήρωση αιρέσεων
You must show that a failed condition was not your fault to get the earnest back.
Ask your lawyer to re-check the Cadastre record shortly before the final deed.Τελικός έλεγχος Κτηματολογίου
A new charge may have been registered since the preliminary agreement.
Accept the transfer tax return on AADE's myPROPERTY and pay the tax before the final deed.Δήλωση ΦΜΑ, myPROPERTY
Formalities
A private preliminary agreement is void for lack of notarial form, and so is earnest paid under it. This page is a checklist to prepare for and review the notary's draft.
- Both parties sign the agreement as a notarial deed before a notary (Civil Code arts. 166 and 369).
- Each party may sign through a representative with a power of attorney in a form the notary accepts.
- A foreign party who does not read Greek should ask for a sworn translator or an interpreter at the signing.
- The agreement is a contract to sign a later deed. It does not transfer ownership.
- The notary charges a fee for the deed.
Common mistakes
- Signing a private "συμφωνητικό" with a deposit to save the notary's fee. It binds nobody to the sale, and the deposit is not protected as earnest.
- Leaving the money's role vague. Write whether it is earnest (αρραβώνας), an advance payment (προκαταβολή) or both with a penalty clause.
- Not knowing what each payment type does on default. The consequences of earnest, an advance payment and a penalty differ a lot.
- Paying earnest before your lawyer checks the Cadastre sheet and charges. A mortgage or seizure registered later can bind the property if the deed is delayed.
- Setting a final deed date with no margin for the loan, the Electronic Building Identity or a mortgage release. Missing it can put you in default.
- Agreeing a loan condition with no deadline or no rule for the earnest. State that it is returned in full if the bank refuses despite a proper application.
- Taking possession before the final deed without a written agreement on charges, insurance and risk.