Contract to conclude a future purchase contract
1.Parties
- 1.1
Future seller: Seller's full name, date of birth and birth number: Seller's birth date and rodné číslo, permanently residing at Seller's permanent address (the "future seller").
List every owner shown on the ownership sheet.
- 1.2
Future buyer: Buyer's full name, date of birth and birth number: Buyer's birth date and rodné číslo, permanently residing at Buyer's permanent address (the "future buyer").
List every buyer, with the shares if they buy as co-owners. A foreign buyer without a Slovak birth number gives the date of birth.
- 1.3
The parties conclude this contract under § 50a of the Civil Code.
- 1.1
2.Property to be sold
- 2.1
The future seller is the sole owner of flat no. Flat number on floor Floor, entrance Entrance (vchod), in the block of flats with registry number Building registry number (súpisné číslo) on parcel register "C" no. Parcel number under the building, at Street address of the flat, with a floor area of Floor area of the flat m², and of a co-ownership share of Share in the common parts and the land in the common parts and common facilities of the building and in the land, registered on ownership sheet no. Ownership sheet no. (list vlastníctva), cadastral area Cadastral area (katastrálne územie), kept by the District Office District office (okresný úrad), cadastral department (the "flat").
Copy every figure from a current ownership sheet, the share as a fraction. The cadastre checks the purchase contract against these data (Cadastral Act § 42(2)).
- 2.2
The future seller declares that the flat is encumbered only by the rights shown in part C of the ownership sheet, which is annexed to this contract.
Part C lists mortgages, easements and pre-emption rights. Every flat also carries the statutory lien for the other owners under Act 182/1993, § 15.
- 2.1
3.Undertaking to conclude the purchase contract
- 3.1
The parties undertake to conclude, by Last date to sign the purchase contract at the latest, a purchase contract by which the future seller transfers the flat to the future buyer on the terms agreed in this contract.
Allow enough time for the loan approval and the release of any mortgage. A date that is too short makes the buyer default.
- 3.2
The purchase contract will be prepared by a lawyer appointed by the future buyer and authorised by that lawyer. The future seller's signature on the purchase contract will be officially certified if no lawyer authorises the contract.
An authorised contract gets a 20-day decision instead of 30 days, and the cadastre reviews it only against its records (Cadastral Act § 31(2) and § 32(2)).
- 3.3
If a party does not conclude the purchase contract within the agreed period, the other party may, within one year, ask a court to replace that party's declaration of will by a court decision. The right to damages is not affected.
- 3.1
4.Price and payment
- 4.1
The purchase price of the flat is Purchase price in euros, in figures euros (in words: Purchase price in words, in Slovak euros).
- 4.2
The buyer will pay the price, less the advance, into escrow with Escrow holder when the purchase contract is signed. The escrow will release the price to the seller after the cadastre allows the entry of the buyer's ownership and, if a bank holds a mortgage on the flat, first directly to the bank in the amount needed to discharge it.
Name the notary, lawyer or bank. Set the escrow terms in a separate record. For a notary, Notarial Code § 68 lists its content, with the release instructions.
- 4.1
5.Advance
- 5.1
The future buyer will pay an advance on the price of Advance on the price euros into escrow with Escrow holder by Deadline to pay the advance into escrow at the latest. The advance will be credited against the price.
- 5.2
The advance will be returned to the future buyer in full if any condition of this contract fails or if the purchase contract is not concluded for reasons on the future seller's side.
- 5.1
6.Conditions
- 6.1
Optional
The future buyer's duty to conclude the purchase contract arises only if a bank approves, in writing and by Bank loan approval deadline, a mortgage loan to the future buyer of at least Mortgage loan amount euros. If the loan is not approved, the future buyer may withdraw from this contract and the advance will be returned.
Keep it whenever you need a loan. Delete it only if you pay entirely from your own funds.
- 6.2
The future seller will ensure that on the day the purchase contract is signed the flat carries no third-party rights other than those the future buyer expressly accepts, except a bank mortgage that is discharged from the price.
- 6.1
7.Future seller's declarations and duties
- 7.1
The future seller declares that the flat is not let, that no other transfer contract or contract to conclude a future contract exists for it, that no court or enforcement proceedings concern it, and that the seller knows of no defects in it other than those listed in the annex.
If the seller does not disclose a defect, the buyer can later claim a price reduction (Civil Code § 597).
- 7.2
Until the purchase contract is concluded, the future seller will not transfer, encumber or let the flat, and will keep it in the condition it was in when this contract was signed, allowing for normal wear.
- 7.3
When the purchase contract is signed at the latest, the future seller will hand the future buyer the confirmation of the building manager or of the chair of the owners' association that the seller has no arrears on service charges or on the repair fund, and the valid energy performance certificate of the building.
The confirmation is a mandatory annex for a flat (Act 182/1993, § 5(2)). The owner must hand over the energy certificate on a sale (Act 555/2005, § 8).
- 7.1
8.Handover of the flat
- 8.1
The seller will hand the flat over to the buyer, cleared, within Handover: days after the entry decision days after the entry is allowed. The parties will sign a handover protocol with the meter readings and the number of keys.
- 8.1
9.Costs
- 9.1
The future buyer pays the fee for the application for entry and the cost of authorising the purchase contract. The future seller pays the cost of certifying the signature and of deleting the mortgage.
For a flat, Act 182/1993, § 5(8) puts transfer costs on the seller, who may claim back administrative and notary fees. Change the split if you agree otherwise.
- 9.1
10.Contractual penalty
- 10.1
Optional
If a party breaches the duty to conclude the purchase contract within the agreed period although all conditions were met, it will pay the other party a contractual penalty of Contractual penalty euros. If the future buyer owes it, the penalty is paid from the advance.
A penalty must be agreed in writing with its amount (§ 544(2)). Unless the parties agree otherwise, it replaces damages for the same breach (§ 545(2)).
- 10.1
11.Withdrawal
- 11.1
The future buyer may withdraw from this contract if a declaration of the future seller under this contract proves untrue, or if the flat is substantially damaged before the purchase contract is concluded. The future seller may withdraw from this contract if the future buyer does not pay the advance on time.
- 11.2
Withdrawal must be in writing and takes effect when delivered to the other party.
- 11.1
12.Final provisions
- 12.1
This contract is governed by the law of the Slovak Republic. If the contract is made in two languages, the Slovak text prevails.
- 12.2
The contract is made in two counterparts, one for each party. The ownership sheet and the list of known defects of the flat are annexed.
- 12.1
13.Signatures
- 13.1
At Place of signature, on Date of signature. Future seller: signature. Future buyer: signature.
Both parties sign the same document. Each owner signs, and a spouse signs when the flat is the spouses' joint property.
- 13.1