Law & taxes

Buying a flat with a mortgage: what the purchase agreement needs and how escrow works

Updated 10 October 2026 · 8 min read

A purchase agreement (kupní smlouva) for a flat bought with a mortgage differs from a cash purchase in one respect: the price is paid in two parts, your own funds straight away and the bank's money once its drawdown conditions are met. The agreement must say that part of the price comes from a loan, by when, through which escrow, and what happens if the bank does not pay.

Without that you risk a contractual penalty, or losing both the flat and your deposit. Escrow (úschova), held by an attorney, a notary or a bank, keeps both your money and the bank's until the land registry registers the new owner. It usually costs CZK 3–10k, which makes it the cheapest safeguard in the whole purchase. Below are the seven clauses the agreement must contain, the types of escrow compared, the right order of steps with the land registry and the bank, and the warning signs.

Seven clauses an agreement with a mortgage needs

Before you sign, send the draft to your bank. It checks whether the text matches its drawdown conditions; if not, the agreement has to be rewritten and signed again.

Attorney, notary or bank escrow: which should you choose?

AttorneyNotaryBank
Legal frameworkAct on the Legal Profession, § 52e–52n; supervised by the ČAK (Czech Bar Association)Notarial Code; supervised by the Chamber of Notariescontract with the bank
Who usually drafts the agreementthe same attorneythe notary, in the form of a notarial deedthe parties or their attorney
Price (approx.)usually CZK 3–10k for the escrow, depending on the price and complexity; bank escrow tends to be cheaper with a mortgage from the same bank
Where the money is heldthe attorney's special accountthe notary's escrow accounta blocked bank account
Advantageflexible, quick communicationmost formal, a public instrumentthe bank itself controls the drawdown

Functionally all three are equivalent: the money is released only once a title sheet (list vlastnictví) extract showing the buyer as owner has been produced. What matters is the escrow agreement itself, meaning who pays out or returns the money, on what conditions and by when. Escrow held by an estate agency without an attorney, notary or bank behind it is not an equivalent.

Attorney escrow has its own rules in § 52e–52n of the Act on the Legal Profession (No. 85/1996 Coll.), which have replaced the repealed § 56a since 1 January 2026.

The order of steps with the land registry and the bank

  1. You sign the purchase agreement and the escrow agreement, and pay in your own funds.
  2. You sign the pledge agreement with your bank.
  3. The applications to register your ownership and the bank's lien go to the land registry (CZK 2,000 each), and the registry marks the pending-change flag.
  4. The bank receives the extract showing the flag and sends the loan into escrow.
  5. Ownership is registered no earlier than 20 days after the seller is notified, followed by the bank's lien.
  6. The escrow agent checks the entry and pays out the price: first any loan of the seller's, then the rest to the seller.

Both registry proceedings run in parallel. The lien is registered against your ownership, so most often it is you, as the future owner, who signs the pledge agreement. Some banks want the lien created before the transfer; then the seller signs it, and the purchase agreement must include this consent.

When the seller still has a mortgage

Two banks, one escrow: a flat for CZK 5,500,000. The buyer pays CZK 1,100,000 from own funds (20 %) and CZK 4,400,000 from a 30-year mortgage at 5.00 % with a payment of CZK 23,620. The seller still owes CZK 1,800,000 on their own mortgage on the flat.
  • At signing, the buyer pays CZK 1,100,000 into escrow.
  • Once the applications for registration are filed, the buyer's bank sends CZK 4,400,000 into escrow, so the full price is now held there.
  • After ownership is registered, the escrow agent sends CZK 1,800,000 to the seller's bank, which undertakes to issue consent to deletion of its lien.
  • The remaining CZK 3,700,000 goes to the seller.
The seller's bank may not charge for this early repayment if at least 24 months have passed since the seller's loan agreement was signed. On an earlier sale it may charge at most 0.25 % for each started year until the end of the fixed-rate period, and no more than 1 % of the repaid amount in total (Act No. 257/2016 Coll., amendment from 1 Sept 2024).

Until the seller's lien is deleted, your bank would be only second in line. That is why banks' drawdown conditions require the escrow agreement to repay the seller's loan first and to document the deletion.

Who drafts the purchase agreement and who pays for escrow?

The purchase agreement is usually prepared by the seller's or the estate agency's attorney, often the same person who handles the escrow. Who pays for drafting and escrow is a matter of agreement. Splitting it 50/50 is common, and in a sale through an estate agency the drafting is often included in the commission. The property acquisition tax was abolished in 2020, so the agreement does not deal with it.

If the other side drafts the agreement, it pays to have your own attorney check it, above all the deadlines, the penalties and the conditions for paying out from escrow rather than the wording. The documents the bank needs next are covered in our article Signing the mortgage agreement.

Warning signs

Buying from a developer works differently

With a new build you usually sign not a purchase agreement but an agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní). Payments go on a schedule directly to the developer or its project account, the purchase agreement itself is signed only after occupancy approval (kolaudace), and escrow is rarely used. The questions you put to the contract are therefore different: who bears the risk of delay, how your advance payments are protected and when the bank may draw down. Details are in our article Mortgage for a new build from a developer.

Sources

  • Act No. 89/2012 Coll., the Civil Code, § 2079 et seq. (purchase agreement), § 2128 et seq. (purchase of immovable property), § 1309 et seq. (lien)
  • Act No. 85/1996 Coll., on the legal profession, § 52e–52n (holding money in escrow, as in force from 1 January 2026)
  • Act No. 256/2013 Coll., the Cadastral Act (registration, pending-change flag, protective period)
  • Act No. 257/2016 Coll., on consumer credit, as amended with effect from 1 Sept 2024 (early repayment on sale)

Terms in this article

What will your mortgage cost?

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Frequently asked questions

Is attorney escrow compulsory when buying a flat with a mortgage?

The law does not require it, but in practice banks want the price to go through escrow or a similarly secure mechanism. Without it you would be paying the seller before you become the owner.

How much does attorney escrow cost?

Usually CZK 3–10k, depending on the purchase price and complexity, and the cost is often split 50/50 with the seller. If the attorney also drafts the agreement, the escrow is often included in the overall fee.

When does the seller get the money from escrow?

Only after the land registry registers the buyer as owner and the escrow agent has checked the title sheet extract. If the seller has a loan on the flat, the escrow agent repays it from the price first.

What if the bank does not send the money on time?

That depends on the purchase agreement. A properly drafted one lets either party withdraw without penalty, and the escrow returns the buyer's own funds; without that clause a contractual penalty may apply.

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