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Preliminary Purchase Agreement
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- Secure your purchase – a preliminary agreement with a deposit (kapara), a deadline for the main contract and the consequences of withdrawal.
- Fast and simple – download it, fill in the details of the property and the parties, and sign.
- Croatian template – the DOCX is in Croatian (notaries and courts accept only Croatian); this page explains it in English. Bilingual version or certified translation on request.
Word (DOCX) document, available immediately after purchase.
Preliminary Purchase Agreement for Real Estate
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A professional template for securing the purchase and sale of a property.
A preliminary agreement for the purchase of real estate is a legally founded document that serves as the basis for reserving a property and setting out the key terms before the main purchase agreement is signed. Our template is designed to protect the interests of both parties, making sure the price, the deadlines and the other terms are clearly agreed.
By using this document you make sure the seller will not sell the property to someone else, while you protect your deposit (kapara) and secure your position for the final purchase.
Key features of the preliminary purchase agreement
- Legal basis for the deposit: the template sets out in detail the amount, purpose and legal consequences of the deposit (kapara) under the Obligations Act (Zakon o obveznim odnosima).
- Definition of the key terms: it lets you agree precisely all the terms that will be carried over into the main contract, such as the price, the payment deadline and the handover date.
- Easy customisation: the document is in Word (DOCX) format and is easy to edit.
- Digital availability: the product is available immediately after purchase.
- Identification of the parties: details of the buyer and the seller.
- Detailed description of the property: address, cadastral parcel number, land registry details and description of the building.
- Price and method of payment: the agreed price and the payment schedule.
- Deposit (kapara): the amount of the deposit and the terms for returning or retaining it.
- Deadlines: provisions on the period within which the main contract must be concluded.
- Termination terms: the options for terminating the contract and the legal consequences for both parties.
Advantages of using this preliminary agreement template
The main advantage is legal certainty. With a preliminary agreement, both parties have a clear path to the final sale. The deposit gives added protection: if the seller withdraws, he or she must return double the amount of the deposit, and if you withdraw, you lose the deposit. That confirms that the intentions are serious and protects both sides’ interests.
Who is this preliminary purchase agreement for?
- Buyers and sellers: who want to secure the transaction before reaching the main contract.
- Estate agencies: as a reliable document for formalising offers.
The main elements of the legal basis
- Validity of the preliminary agreement: under the Obligations Act (Zakon o obveznim odnosima), a preliminary agreement is binding if it contains all the essential elements of the main contract. Although it does not transfer ownership, it creates an obligation on both parties to conclude the main contract within the agreed period.
- Deposit (kapara): the Obligations Act regulates the institution of the deposit in detail. The deposit is a means of securing performance of the contract.
- If the party that received the deposit (the seller) withdraws from the contract, it must return double the amount of the deposit.
- If the party that gave the deposit (the buyer) withdraws from the contract, it loses the right to have the deposit returned.
- Deadlines: the Obligations Act provides that the main contract must be concluded within the period stated in the preliminary agreement. If no period is stated, the contract must be concluded within a reasonable time.
Although a preliminary agreement for the purchase of real estate is legally binding, it does not transfer ownership of the property. Ownership is acquired only on registration in the land register on the basis of the main purchase agreement. Because real estate transactions are complex, it is always advisable to consult a lawyer.
Notes
A preliminary purchase agreement must contain all the essential elements of the main contract in order to be legally binding. This template is provided solely as informative assistance and a basis for drawing up your own document. It does not replace professional legal advice. For complete peace of mind, we recommend that you consult a lawyer or a notary public
Legal framework
LEGAL NOTES*
This digital product – a contract template – is provided for information and educational purposes only and is neither a legal document nor a substitute for professional legal advice. Although the template has been prepared in line with generally accepted standards, every legal transaction is unique and requires individual adaptation to the specific circumstances. Katastor.hr accepts no liability for any consequences, damage or disputes that may arise from use of this template. Use of this product is at your own risk. It is always advisable to consult a lawyer before signing any legal document.
What does the preliminary purchase agreement include?
Our template covers all the essential elements needed for a secure and transparent arrangement:
- Identification of the parties – details of the buyer and the seller
- Detailed description of the property – address, cadastral parcel number, land registry details
- Price and method of payment – the agreed price and the schedule
- Deposit (kapara) – the amount and the terms for returning or retaining it
- Deadlines – the deadline for concluding the main contract
- Termination terms – the options and the legal consequences
Frequently asked questions
What is the difference between a preliminary purchase agreement and the purchase agreement itself?
The preliminary agreement and the main purchase agreement have different functions and legal effects in the process of buying a property. The preliminary agreement creates an obligation on the parties to conclude the main contract on the agreed terms, but it does not itself transfer ownership or allow registration of title. Signing the preliminary agreement is usually accompanied by payment of a deposit (kapara), which secures both parties. The main purchase agreement contains the clausula intabulandi (registration consent), which allows the transfer of ownership and entry in the land register. The rest of the purchase price is paid once the main contract is concluded. The preliminary agreement protects the parties during the preparation period – while the buyer arranges a loan and the seller sorts out the documentation. If one party withdraws without valid reason, the other is entitled to compensation (loss of the deposit, or return of double the amount). The parties may skip the preliminary agreement and conclude the main contract straight away if they are ready for a quick transaction.
Is a preliminary purchase agreement for real estate legally binding?
Yes, a preliminary purchase agreement for real estate is a legally binding document that creates an obligation to conclude the main contract on the agreed terms. If one party refuses without justification to conclude the main contract, the other party is entitled to seek enforcement through the court or damages. The binding nature of the preliminary agreement does not depend on certification by a notary public – an uncertified preliminary agreement signed by the parties is also valid. The deposit (kapara) paid with the preliminary agreement serves as security for performance – the buyer loses the deposit on withdrawing, and the seller returns double if the seller withdraws. The preliminary agreement must contain all the essential elements of the future main contract – the details of the property, the price and the deadlines. The circumstances in which the parties may withdraw without consequences should be clearly defined in the preliminary agreement. We advise reviewing the preliminary agreement thoroughly before signing.
When is a preliminary purchase agreement used instead of the purchase agreement?
A preliminary agreement is used where time is needed between the deal being agreed and the final transaction, for various reasons. The most common reason is a purchase financed by a bank loan – the bank requires a preliminary agreement in order to start the loan approval procedure, which takes 30-45 days. It is used where the seller has to sort out documentation – discharge of a mortgage, probate proceedings or aligning the cadastre. It is needed where the buyer is selling his or her own property in order to buy a new one and has to coordinate the two transactions. The preliminary agreement gives both parties the assurance that they will not lose the opportunity while they wait for the preconditions to be met. It defines the circumstances in which withdrawal is permitted without penalty, for example if the bank refuses the loan. If both parties are ready and there is no need to wait, they can conclude the main contract straight away and skip the preliminary agreement.
Reviews from real customers
Sve pohvale, brz odgovor, poslovnost na najvišoj razini. U neočekivano kratkom vremenu dobila sam traženi dokument.
Brza i efikasna dostava vlasničkog lista. Kada bi sve ostalo tako funkcioniralo u Hrvatskoj gdje bi nam bio kraj.
Sve pohvale, brz odgovor, poslovnost na najvišoj razini. U neočekivano kratkom vremenu dobila sam traženi dokument.
Brza i efikasna dostava vlasničkog lista. Kada bi sve ostalo tako funkcioniralo u Hrvatskoj gdje bi nam bio kraj.
Nakon što sam upisao u tražilicu ponudila mi se stranica katastor.hr i već za 10ak minuta na e-mail dobio sam što sam tražio.
Baš sam ugodno iznenađen da dobiješ traženi dokument za manje od sat vremena, iskreno sam šokiran!
Nakon što sam upisao u tražilicu ponudila mi se stranica katastor.hr i već za 10ak minuta na e-mail dobio sam što sam tražio.
Baš sam ugodno iznenađen da dobiješ traženi dokument za manje od sat vremena, iskreno sam šokiran!
Hvala vam na žurnom i kvalitetnom odgovoru na sva postavljena pitanja; tako bi trebale reagirati sve državne institucije.
Uslugu sam dobio u roku minute, sve pohvale!
Hvala vam na žurnom i kvalitetnom odgovoru na sva postavljena pitanja; tako bi trebale reagirati sve državne institucije.
Uslugu sam dobio u roku minute, sve pohvale!
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