What effect does the promise of sale have?

The promise of sale-purchase obliges the parties to conclude the final contract later if the agreed conditions are met. It does not transfer ownership of the property itself. The final contract for the transfer of ownership rights is concluded in the form required by law and is registered in the land registry.

The form of the pre-contract depends on the object

For most promises regarding an existing property, the Civil Code does not require, as a general rule, the authentic form of the preliminary contract. The High Court has determined that the promise can be valid even without a private signature, including to request a judgment that replaces the contract if the legal and contractual requirements are met. The authentic form is nevertheless recommended for verifying identity, rights, and the terms; it alone does not guarantee that the transfer will be possible.

However, there are special rules. For promises made with the developer regarding future individual homes or future units in a condominium, Law no. 207/2025 provides additional conditions, including the authentic form, certain land registry operations, and rules regarding reservation and advances. Check the application of the law at the date of the contract and the specific type of property; do not extrapolate these requirements to any real estate pre-contract.

What must be clear in the document

  • the parties and the right that each promises;
  • the identification of the property, including the cadastral number and the land registry book, when there is one;
  • the price, the advance, the method of payment and the conditions of refund;
  • the term and conditions for signing the final contract;
  • what happens if one of the parties fails to fulfill its obligations;
  • the authorisations, duties, rights of co-owners and the special conditions applicable.

Noting in the land registry book

The promise can be recorded in the land registry if the legal conditions are met, including the registration of the promisor as the owner of the right and the indication of the deadline for the final contract. The recording makes the legal record public and can protect the buyer from certain subsequent acts, but it does not transfer ownership and does not resolve a title or insolvency issue on its own. The notary requires the recording for certain promises regarding future housing, in accordance with special legislation.

If the seller refuses to sign

If there is a valid bilateral promise and the conditions for the promised sale are met, the entitled party may, as the case may be, demand the performance of the obligation, compensation or a decision that takes the place of the contract. The special action under the Civil Code is time-barred within six months from the date on which the contract should have been concluded. This is not a universal deadline for any claim related to the pre-contract; the basis of the action and the term must be verified separately.

Before you pay the advance

Request an extract of the current land registry, verify the owner and the duties, read the permits and project documents, and for future homes verify the pre-apartmentization and the individual land registry when required by law. Pay the advance only according to the applicable terms and rules of the project and keep all the evidence. In the case of a co-owner, clarify whether they are only promising their share or selling the entire property.

Legislative sources

The information is general. Check the documents, the type of property and the applicable regulations at the time of the promise before paying or signing.