Housing and property
How to understand a property purchase agreement
A property purchase agreement is one of the most important documents in a home purchase. It sets out the price, payment structure, conditions, deadlines, what is included in the sale and what happens if either side does not complete. The exact form varies by country, but the core questions are similar: what exactly are you buying, for how much, under which conditions and when does ownership transfer?
Updated · 9 min read
Questions this guide helps answer
- What exactly am I buying?
- What is the purchase price and when must it be paid?
- Is a deposit required?
- Is the purchase conditional on financing or another event?
- Which fixtures, furniture or rights are included?
- When does ownership transfer?
- What happens if one party fails to complete?
- Which documents should I review before signing?
Check the parties and the property
The agreement should clearly identify the buyer, seller and the property being sold.
Property descriptions may refer to an address, land parcel, unit number, title number or land registry reference.
If parking spaces, storage rooms, gardens, shares in common areas or other rights are part of the sale, check that they are included clearly.
- Buyer
- Seller
- Property address
- Land or title reference
- Apartment or unit number
- Parking or storage
- Associated rights or common areas
Understand the full purchase price
The agreement should state the purchase price and how it will be paid.
The total amount may be split between a reservation payment, deposit, interim payment and final balance.
Check the currency, payment dates and bank or escrow arrangements where applicable.
Check the deposit and reservation payment
A buyer may be asked to pay a reservation amount or deposit before completion.
The agreement should explain who holds the money, whether it is refundable and under which conditions it may be retained.
Do not assume every deposit is automatically refundable if the transaction does not proceed.
Look for a financing condition
Some purchase agreements are conditional on the buyer obtaining a mortgage or other financing.
If financing is a condition, check the deadline, required evidence and what happens if financing is refused.
A contract without a financing condition may leave the buyer committed even if a lender later declines the mortgage.
Identify other conditions that must be satisfied
The transaction may depend on legal, technical or administrative conditions being met before completion.
These conditions should be clearly described together with any deadlines.
- Financing approval
- Satisfactory inspection
- Planning or regulatory approval
- Sale of another property
- Removal of liens or charges
- Required third-party consent
- Delivery of specified documents
Check what is included in the sale
Disputes can arise over fixtures, appliances, furniture or other items that a buyer assumed were included.
The agreement should make clear what stays with the property and what the seller may remove.
If something is important to you, make sure it is written into the contract or an attached inventory.
- Built-in appliances
- Lighting
- Furniture
- Outdoor equipment
- Parking rights
- Storage areas
- Other agreed items
Check ownership and title information
The seller should generally be able to transfer the ownership interest described in the agreement.
The contract may refer to land registry entries, mortgages, liens, easements or other rights affecting the property.
These details can be legally significant and may require professional review depending on the jurisdiction.
Look for mortgages, liens and other encumbrances
A property may be subject to financial charges, easements, rights of way, occupancy rights or other restrictions.
The agreement should explain which encumbrances will be removed before completion and which will remain.
Do not assume that every registered right disappears automatically when the property is sold.
Understand how the property's condition is treated
The agreement may contain statements about the condition of the property, known defects or the buyer's opportunity to inspect.
Some contracts include broad clauses stating that the buyer accepts the property in its current condition.
Read these clauses together with any inspection reports, disclosures and warranties.
Check representations and warranties
The seller may make statements about ownership, defects, permits, disputes, taxes, leases or other matters.
The wording determines what the seller is actually promising.
If an important fact is missing from the contract, ask whether it should be confirmed in writing before signing.
Know what must happen at completion
Completion is the stage when the remaining payment is made and the legal transfer is completed according to the local process.
The agreement should identify the target date and the documents or payments required from each party.
Depending on the country, a notary, lawyer, escrow agent, land registry or other professional may be involved.
Find out when ownership actually transfers
Signing the purchase agreement does not always mean that legal ownership changes immediately.
Ownership may transfer only after registration, notarisation, payment or another formal step.
Check the difference between the contract date, completion date, possession date and registration date.
Check when you receive possession and the keys
The buyer may receive the keys on the completion date or at another agreed time.
The agreement should also address whether the property will be vacant or occupied and in what condition it must be delivered.
Understand who pays taxes, fees and transaction costs
A property purchase can involve notary fees, registration fees, transfer taxes, legal fees, broker fees and other costs.
The agreement may allocate some of these between buyer and seller.
The actual tax treatment varies greatly by country and region.
Read the default and termination clauses carefully
The agreement should explain what happens if the buyer or seller fails to perform.
Possible consequences can include loss or return of a deposit, damages, interest, termination or a requirement to complete the transaction.
These clauses can carry substantial financial consequences and deserve particular attention.
Documents worth reviewing before signing
The purchase agreement should not be read in isolation.
- Land or title registry extract
- Property plan
- Inspection or survey report
- Seller disclosures
- Building or planning records
- Mortgage offer
- Condominium or association documents
- Service-charge records
- Energy or technical certificates where applicable
- Inventory of included items
Know when professional review is appropriate
Buying property creates major financial and legal obligations.
Local legal, tax, technical and financing rules can differ substantially.
For unusual clauses, title issues, large deposits, unclear conditions or significant financial exposure, professional advice before signing may be appropriate.
This guide provides general information only. Property law, purchase procedures, taxes, registration requirements and contractual rights vary by country, region and individual transaction. Professional legal, tax, financing or technical advice may be appropriate before signing a property purchase agreement.
