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Document · Contracts and finance

Preliminary contract

The contract in which the parties commit to a future transaction. It should clearly set out the property, price, payments, deadlines and protections for the buyer.

The short answerWith the preliminary contract, the parties undertake to conclude a final transaction under the agreed essential conditions. It must clearly state what will be transferred, at what price, when and after the presentation of what evidence. With an off-plan purchase, the contract covers far more than a promise to sign a notarial deed: it describes the future property, construction specifications, payments, permitted changes, deadlines, handover and the consequences of non-performance.
When will you need it?

It is signed after sufficient due diligence and before the final notarial transfer. It may predate construction and cadastral registration, which makes precise project appendices and safeguards against changes especially important.

Who issues or signs it?

Signed by the prospective parties to the final transaction or duly authorized representatives. Check that the seller owns the property or holds the relevant right, that the company is properly represented, and that all necessary spouses or co-owners are involved.

Why does it matter to the buyer?

This is the document on which the buyer actually owes large payments and can seek performance or compensation. An unclear subject matter, a unilateral change, a weak deadline or inadequate liability for the seller may remain a problem until the end of the project.

What the document proves

What can you establish from it?

Each document answers a different question. A single document is rarely enough to prove title, completed construction work and the basis for payment at the same time.

What does it establish?

It establishes the obligations that the parties have actually assumed - the property and rights, the price, the method of payment, the term for the final contract and any additional conditions. Appendices and annexes are part of the agreement.

What does it not establish?

It does not automatically transfer ownership, is not a permit to build or occupy, and does not guarantee that the seller will remain solvent. Does not prove absence of encumbrances, actual milestone achievement or credit approval.

What to look for in the document

Which details should you compare?

Check the parties, representation and title documents; the land parcel, the right to build and the future unit; the project, areas and accessories; the price and VAT; stages and evidence; deadlines; the changes; the penalties; the encumbrances; financing; the notarial transfer; handover; warranties; and termination.

Place in the process

What comes before and after?

Before it come the reservation and the legal, technical and financial checks. After signing, only the agreed events and documents are monitored, and before the final transaction, an up-to-date check of ownership and encumbrances is made.

Where the document comes from

Finding and checking it

Can Mesto find it?

Mesto does not receive, store, interpret or track private contracts and does not calculate maturities. Educational pages help you ask questions, but they don't confirm your specific clause.

Where should you check or request it?

Obtain the project documentation and all appendices from the seller or developer well before signing. Keep signed versions, annexes, notices and proofs of every payment and acceptance.

One last check before you decide

When do you need a professional review?

An independent attorney should review the contract prior to signing and significant payment. An architect or engineer verifies the design and technical applications, and the lender must separately validate its own process.

Before you continue

Check these details

Use this list to prepare for a conversation with the seller or a specialist you trust.

  1. 01

    Customize the item by right, project, object, areas and accessories.

  2. 02

    Associate each payment with an accurate document, scope and procedure.

  3. 03

    Add a deadline and working consequences for delay or change.

  4. 04

    Arrange encumbrances, financing, final transaction and delivery separately.

Sources

Check the official source

This content is educational and does not replace a qualified professional's review of the documents for a specific property.

Version 2 · The content is published but has not yet been reviewed by a specialist.