Purchase agreement (kupní smlouva)
A contract by which the seller undertakes to hand over the property to the buyer and transfer ownership to them, and the buyer undertakes to pay the purchase price (§ 2079 et seq. of the Civil Code, občanský zákoník). For real estate it must be in writing. Ownership of a property recorded in the land registry passes only upon registration (vklad) in the katastr nemovitostí (Czech land registry), with effect from the day the application for registration was filed.
Example
A flat for CZK 5,000,000: the buyer has CZK 1,000,000 of own funds and CZK 4,000,000 from a mortgage at 5.00 % over 25 years (payment CZK 23,384). The purchase agreement must state explicitly that part of the price will be paid from a loan, that payment goes through attorney escrow (advokátní úschova), and in what order the applications to register ownership and the bank's lien are filed.
In practice
Before approving the loan, the bank wants to see the draft purchase agreement, and it often insists on its own wording for escrow and drawdown. The seller's signature must be officially certified (úředně ověřený), otherwise the land registry will not allow the registration. Most trouble comes from a contract that sets a fixed deadline for paying the balance and is signed before the mortgage is approved. Any delay at the bank then means a contractual penalty, or the seller withdraws.
How it differs
Don't confuse it with a reservation agreement (rezervační smlouva), which only holds the property for a reservation fee and transfers nothing. An agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní) commits the parties to sign the purchase agreement later, typically for a new build before occupancy approval (kolaudace). Ownership can be registered only on the strength of the purchase agreement itself.
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