Once we have negotiated with the seller, it is time to verify the documents and determine whether we are buying for cash or on credit. It is worth preparing some kind of document/minute of agreement. You can imagine a simple list of things to accomplish, which are intended to facilitate the entire process of signing a preliminary agreement and then a final agreement (act). The principle "prevention is better than cure" should be applied here.
The first thing is to determine the funds for which we will buy the apartment. Cash or credit?
Regardless of whether it is cash or a loan, it is important to distinguish between two terms: deposit and advance payment.

The deposit is non-refundable in the event of buyer withdrawal.
This means that if you withdraw as a buyer, you will lose the entire amount paid. However, if the seller is at fault, he will refund the double amount he received from us. For example, if the buyer gave PLN 20,000 as a deposit to the seller, and for some reason the seller decides not to sell, he should return PLN 40,000 to you.
Of course, to ensure that the terms of the preliminary agreement are enforced, it is worth preparing the agreement in the form of a notarial deed with a notary.

The advance payment is refundable, i.e. if the conditions of the preliminary agreement are not met, we do not incur any costs related to the loss of the amount that was transferred on the day the contract was signed. Referring to the situation when we finance the purchase with a loan, it is worth remembering the market price. There may be such a relationship that we agreed on a price, but it is above the market price. The bank, as an institution that wants to protect itself as best as possible, may, in the terms of loan disbursement, oblige us to make an additional payment so that the amount is adjusted to the valuation according to the property appraiser's report. It is worth having an emergency plan in such a situation.
A safe practice is to conclude a preliminary contract for a minimum period of 3 months when financing the purchase of an apartment with a loan.

Data that should be included in the agreement protocol.

Of course, the parties' data, i.e. the buyer's and seller's data, e.g.:

• first name and last name,
• parents' names,
• marital status,
• PESEL number,
• validity of the evidence,
• address,
• telephone number etc.

The next thing is the so-called subject of the contract.

• what kind of property is this?
• what is the form of ownership of this property, e.g. cooperative ownership right to the premises,
• land and mortgage register number.
• address where the property is located.
• name of the cooperative or manager.

We can also enter the method of purchase, e.g.

• purchase,
• donation,
• decrease.

It is important that you ask about this, because it affects the type of documents that are needed to sell the property. Imagine that you now want to put down on paper what you talked about with the seller. You check, ask for details and set an action plan and deadlines.

Remember to check the basis for the purchase.
The person you are talking to should be listed as the owner or may be acting as an agent on behalf of the person listed on the purchase.
Of course, as you may have guessed, such a power of attorney should be concluded in the form of a notarial deed.
It is worth considering what type of property the property will be purchased for?
Maybe you want to purchase it exclusively for your personal property even though you are married? It is worth determining such matters in advance.
When do we set the deadline for the preliminary agreement and the final agreement, i.e. the notarial deed? We set a specific date and enter the sales price.
Another important thing is the deposit and advance payment.
What specific amount do we want to transfer to the seller as a deposit or advance payment??

Attention!
If you take out a loan, the bank often requires a 20% own contribution.
Make sure you have your own funds and a possible surplus.
Returning to the deposit or advance payment, the amounts vary. The parties often assume that the amount should be 10% of the purchase price of the property. In the case of a larger amount, it is good practice to prepare a preliminary agreement with a notary in the form of a notarial deed.

Payment method and payment dates, e.g.:

• cash,
• by transfer,

Deadline for transfer and conditions for handing over the property.

Here it is worth entering all the things we talked about, e.g.

• furniture,
• household appliances, electronics,
• additional lighting,
• whether the basement should be cleaned,
• sideburn,
• in what condition the property should be handed over to us and on what date.

We can also enter additional arrangements that are individual.

The next thing is a list of things to clarify, e.g.:

• arrears,
• utility settlement,
• leaking radiator,
• window not closing properly,
• intercom not working, etc.

Also keep an eye on your documents and prepare a list of documents to be completed.

• determining the price of the subject of the contract,
• definition of the subject of the contract, contiguity,
• date of the notarial deed (and consequences if this deadline is exceeded),
• legal status,
• determination of the amount of the deposit/advance payment and confirmation of transfer.

You can conclude a preliminary agreement in two forms:

Form of a notarial deed, gives you more benefits, e.g.:

• the notary checks the documents and prepares the contract,
• you can claim the conclusion of the final contract,
• allows you to file a lawsuit to conclude a contract,
• the buyer has the right to enter the land and mortgage register in section III,

Written form
Depending on the content of the contract, deposit/advance payment. Generally, we can demand compensation for any damage we have suffered as a result of failure to conclude the contract.

• water,
• current,
• gas,
• OC,
• Electricity,
• visit to the cooperative or the manager,
• land tax payment in the case of premises constituting separate ownership,
• concluding contracts for the supply of utilities, etc.

As you can see, each purchase is different and buying a flat has many different administrative complexities, so it is worth having the support of an experienced person when making your first purchase.