Preliminary sale agreement apartment 2026 - template

In 2026, many buyers rush to "reserve" and forget the essential: the preliminary agreement. That's where the real safety of the transaction is decided. In Sibiu, the market is appreciating, and pressure on stock is felt. According to Imobiliare.ro, the average asking price is 2,034 EUR/sqm in September 2026, with +7.4% compared to September 2025. And according to ANCPI, 936 transactions were reported in June 2026, with +26.7% compared to June 2025. At this pace, a well-written preliminary sale agreement for apartment purchase can save you money, time and stress. Treat it like a seatbelt: you hope you won't need it, but you want it perfectly functional.

Key Takeaways (2026, Sibiu and national context)

• According to Imobiliare.ro, in Sibiu the average asking price is 2,034 EUR/sqm (September 2026).
• According to Imobiliare.ro, the annual variation is +7.4% (Sibiu, September 2026).
• According to ANCPI, in Sibiu there are 936 transactions, +26.7% compared to June 2025 (June 2026).
• According to ANCPI, in Sibiu there are 500 new mortgages (June 2026).
• According to BNR, IRCC is 5.57%, and ROBOR 3M is 5.84% (August 2026).

Contents

• 1) What is a preliminary agreement and when do you use it in 2026
• 2) Essential clauses: deposit, deadlines, negotiation margin, conditions
• 3) Checks before signing: land register, mortgage, encumbrances, documents
• 4) Local examples Sibiu: neighbourhoods, lifestyle and how they affect the preliminary agreement
• 5) Preliminary sale agreement for apartment 2026 - sample template
• 6) Common mistakes and practical checklist for signing
• FAQ

1) What is a preliminary agreement and when do you use it in 2026

The preliminary agreement, in short: firm promise, not "reservation slip"

A preliminary agreement is a bilateral promise. The seller promises to sell, the buyer promises to buy. In practice, it is the document that sets the rules of the game until the notarial deed. If you need a segment of apartments, think of it as a project contract. It has objectives, deadlines, penalties and clear conditions.

In 2026, the preliminary agreement has become even more important. The Sibiu market has sustained demand and, in many segments, limited available stock. When multiple buyers appear for the same property, the seller wants certainty. The buyer wants protection. A good preliminary agreement gives both.

When you need a preliminary agreement and when you can go straight to the notary

You can go straight to the notary if the documents are complete, financing is secure, and both parties are ready. In reality, intermediate situations often arise. For example, you're waiting for credit approval. Or the seller needs time to remove a mortgage guarantee. Or the apartment is in the process of land registration.

In these cases, a preliminary agreement helps you lock in the transaction without jumping into the unknown. You fix the agreed asking price, the deposit, the final deadline and the exit conditions.

The Sibiu market context: why speed matters, but so does discipline

According to Imobiliare.ro, in Sibiu the average asking price is 2,034 EUR/sqm (September 2026), with +7.4% in one year. According to ANCPI, in June 2026 there were 936 transactions and 500 new mortgages. This tells you two things. One: transactions move fast. Two: bank financing is present, so credit terms and conditions must be written correctly.

If you want to track developments, you have an overview here: Vianto Properties real estate market analysis. And for practical guides, visit the Vianto Properties blog.

2) Essential clauses: deposit, deadlines, negotiation margin, conditions

Asking price vs transaction price: how to set it correctly in the preliminary agreement

In a preliminary agreement you're not interested in "what the market asks", but what you've agreed on. Still, it's useful to understand the difference between asking price, transaction price and market price. According to Imobiliare.ro, 2,034 EUR/sqm (September 2026) is a benchmark of asking price in Sibiu, not a guarantee of transaction price. In the preliminary agreement you enter the final amount, currency and payment method.

A good apartment discussion also includes clear wording about what's included in the price. Furniture, appliances, parking space, storage unit, share of land. Don't leave "they'll figure it out" for later.

The deposit and its role: guarantee, not a gift

The deposit serves as a commitment. But it must be treated as a sum with rules. In the preliminary agreement you set: when it's paid, how it's paid, where it's deposited and when it's returned. If you want security, you can negotiate for the deposit to be paid by bank transfer, with clear mention of details.

In a market with sustained demand, the seller will ask for a deposit sooner. You have the right to ask for protections. For example, a suspensive condition for credit. Or the seller's obligation to present land register extract without encumbrances on time.

Deadlines: what to write so you don't get stuck

Deadlines are the backbone. A good preliminary agreement must have clear dates: deadline for obtaining financing, deadline for obtaining documents, deadline for signing the notarial deed. Avoid vague wording, like "soon" or "when possible".

In 2026, the cost of financing matters. According to BNR, IRCC is 5.57% and ROBOR 3M is 5.84% (August 2026). This can affect approval and the duration of the banking process. Set realistic but firm deadlines. And include what happens if the bank delays for reasons beyond your control.

Negotiation margin and negotiation discount: how to use them elegantly

Negotiation doesn't just mean "give me a discount". It means structure. In the preliminary agreement you can include an adjustment clause if differences appear in area, land registration or inventory of goods. This keeps your negotiation margin in a civilized way.

In practice, a negotiation discount is justified by verifiable elements. For example, lack of parking space, need for renovation, or short notice to vacate. Don't promise discounts without basis. You'll lose credibility and transaction momentum.

Suspensive conditions: credit, documents, encumbrances, pre-emption rights

Suspensive conditions are "your safety net". If you're taking a loan, write clearly that the preliminary agreement depends on financing approval. If the seller needs to clear a mortgage, write that at final signing a clean land register is presented. If there are tenants, write the vacating deadline.

A segment of apartments without suspensive conditions, in a credit transaction, is unnecessary risk. It's not about distrust. It's about contractual discipline.

3) Checks before signing: land register, mortgage, encumbrances, documents

Land register: what does "land register extract without encumbrances" mean in practice

Before the preliminary agreement, you request documents. The first is the land register. Ideally, you want a land register extract without encumbrances. This means there are no mortgages, prohibitions, disputes or other registrations that can block your transaction. If there are encumbrances, it's not automatically a "no". But there must be a clear plan to clear them.

In an apartment market, write explicitly the seller's obligation to deliver to the notary a clean land register. And write who bears the costs of clearing, if applicable.

First-rank mortgage and mortgage guarantee: how to protect yourself

If the apartment has a loan, you will see in the land register a first-rank mortgage or another rank. Don't be alarmed. It's frequent. What matters is the mechanism. Usually, at the notary the amount is paid to the bank, the clearing agreement is obtained, then the transfer is finalized. But these steps must be coordinated with the deadlines.

In June 2026, according to ANCPI, in Sibiu county there were 500 new mortgages. This shows that many transactions involve financing. A discussion about apartments must include the steps and documents, so surprises don't arise.

Identity of parties and marital status: details that block transactions

You check IDs, names, personal numbers, domicile. You check if the seller is sole owner or there are co-owners. You check marital status, because the spouse's consent may be needed. These are seemingly small details, but they can delay signing by weeks.

In an area with high liquidity, time matters. If you miss the window, the property can go to another buyer. That's why a guide on apartments must have a clear section on parties and representation.

Property transfer tax and costs: who pays and when

In Romania there is property transfer tax. Plus, you have notary costs and, sometimes, bank commissions. In the preliminary agreement you can state the principle: who bears what cost. You don't need to enter amounts, but responsibility must be clear.

If you want a discussion applied to steps and documents, you can start from our main page and write to us: contact Vianto Properties. We'll tell you what we normally require before signing.

Useful official sources: ANCPI, BNR and local context Sibiu

For data on transactions and mortgages, the relevant source is the official ANCPI website. For reference rates and exchange rates, the source is the BNR website. And for local context, you can read about the city on the Wikipedia page about Sibiu.

4) Local examples Sibiu: neighbourhoods, lifestyle and how they affect the preliminary agreement

Why location matters in the preliminary agreement, not just in the listing

In listings, location always sounds good. In the preliminary agreement, location must be identifiable. Address, cadastral number, floor, apartment number, storage unit, parking. If clarity is missing, discussions arise at handover. A guide on apartments must describe the property without room for interpretation.

In Sibiu, differences between one reference area and another are seen in the sales pace. Some are areas with high liquidity, where properties trade quickly. There, short deadlines and well-regulated deposits are essential.

Centre and Ultra-centre: walking, tourism, but also strict rules

In Centre and Ultra-centre, lifestyle is simple: cafés, events, evening walks. You have everything nearby. But you also have particularities. Old buildings, strict associations, sometimes restrictions on modifications. In the preliminary agreement, insist on the condition of installations and what stays in the apartment.

In these areas, buyers often seek long-term appreciation. If you're pursuing capital gain, set a realistic handover deadline in the preliminary agreement. In old buildings, vacating and moving can take time.

Strand: good balance between access and quiet

Strand is the kind of neighbourhood where you reach the city quickly, but also have quieter streets. It's suitable for families and those who want a normal pace. In the preliminary agreement, emphasize the parking. If it's "free", write clearly that a dedicated space is not included.

In a market with supply shortage on certain types, many "verbal promises" appear. A guide on apartments helps you turn promises into obligations.

Turnișor: community, good access, growing interest

Turnișor has a neighbourhood vibe with community. You have good access and many services nearby. For buyers, layout and light matter a lot. In the preliminary agreement, describe exactly the areas from the documents and what happens if differences appear in measurements.

If the apartment is bought for rental, discuss yield early. We don't invent rental figures here, but you can evaluate a gross yield and a realistic net yield, depending on location and condition. For tools, see resources in the blog.

Hipodrom: infrastructure, schools, brisk transaction pace

Hipodrom is preferred by those who want infrastructure and access to schools. It's a neighbourhood with frequent transactions, so a high-liquidity area in many segments. Here, sellers ask for short deadlines. You need a disciplined preliminary agreement, with clear credit conditions.

According to BNR, IRCC is 5.57%. This can change credit eligibility. In the preliminary agreement, set a suspensive condition and a reasonable deadline for final approval.

Valea Aurie and Sub Arini: green, air, but watch technical details

Valea Aurie and Sub Arini are for those who want green and quiet. Here, orientation, terrace, insulation and access matter a lot. In the preliminary agreement, ask for clarifications about improvements, permits and any interior modifications. You don't want surprises at bank appraisal.

If you're pursuing appreciation, these areas can have long-term appeal. But don't rely on "it will definitely go up". Write clear conditions in the preliminary agreement and keep exit options if problems arise with the documents.

Comparative table: Sibiu in the context of other cities (asking prices)

The data below are indicative and reflect average asking prices, according to real estate portals, for comparison between cities.

City	Average asking price (EUR/sqm, September 2026, Imobiliare.ro)
Cluj-Napoca	3.316
Brașov	2.309
București	2.312
Sibiu	2.034
Constanța	2.020
Iași	2.000
Timișoara	1.984
Oradea	1.885

What does this have to do with the preliminary agreement? In cities where prices are higher, buyers are more careful about clauses. In Sibiu, the trend of appreciating market and transaction pace make the same discipline mandatory. A discussion of apartments gives you control, regardless of city.

5) Preliminary sale agreement for apartment 2026 - indicative model

Before using the model: what needs to be adapted

The model below is indicative. It does not replace legal advice or notarial practice. You can use it as a basis for discussion with the notary. What matters is to adapt it to your situation: loan or cash, apartment with mortgage or without, delivery date, inventory, suspensive conditions.

Still, if you need a clear, complete and easy-to-follow apartment agreement, the structure below is a good starting point.

Indicative model (text)

PRELIMINARY SALE AGREEMENT FOR APARTMENT

I. Parties

1. SELLER: [Name Surname], Romanian citizen, domiciled at [address], identified with [identity document], CNP [___], as owner of the property described below.

2. BUYER: [Name Surname], Romanian citizen, domiciled at [address], identified with [identity document], CNP [___].

(The Seller and Buyer are together called "the Parties".)

II. Subject of the preliminary agreement

2.1. The Seller promises to sell, and the Buyer promises to buy the apartment located at [Sibiu, complete address], identified by [cadastral number / land register number], consisting of [description], together with the proportional share of common areas, according to the property deeds.

2.2. Goods included in the sale: [furniture/appliances list], [parking space if applicable], [parking spot if applicable].

III. Price and payment method

3.1. The total sale price is [___] EUR, agreed by the Parties, representing the agreed price for the property.

3.2. Payment shall be made as follows:

• Deposit: [___] EUR, payable on the date of signing this preliminary agreement, by [bank transfer / cash], to account [___] or to [___].
• Price difference: [___] EUR, payable on the date of signing the notarial deed, by [bank transfer / mortgage loan].

IV. Deadline for notarial deed

4.1. The Parties undertake to sign the notarial deed of sale and purchase by [___], at a notary office chosen by mutual agreement.

4.2. If necessary, the Parties may agree in writing to extend the deadline, with the consent of both parties.

V. Suspensive conditions (if applicable)

5.1. This preliminary agreement is conditional on the Buyer obtaining financing (mortgage loan) within [___] days of signing.

5.2. In case of loan rejection for reasons beyond the Buyer's control, the deposit shall be refunded in full within [___] days, based on rejection evidence from the lender.

VI. Seller's declarations and warranties

• The Seller declares that he/she is the owner of the property and has the right to dispose of it.
• The Seller undertakes to present at the signing of the notarial deed a land register extract without encumbrances / clean land register, except for situations expressly assumed in this preliminary agreement.
• The Seller declares that the property is free from any claims by third parties, except those expressly mentioned.

VII. Delivery of possession

7.1. Delivery of possession shall take place on the date of signing the notarial deed / on [___], based on a delivery-receipt report.

7.2. Upon delivery, the Seller shall hand over the keys, accessories, documents and shall ensure the property is cleared of goods not included.

VIII. Expenses and taxes

8.1. Notarial fees and costs related to the notarial deed shall be borne by [___], according to the Parties' agreement.

8.2. Property transfer tax shall be borne by [___], according to applicable law and the Parties' agreement.

IX. Non-performance, penalties, termination

9.1. If the Seller unjustifiably refuses to sign the notarial deed within the set deadline, he/she shall refund the deposit and pay a sum equal to the deposit, as compensation, within [___] days.

9.2. If the Buyer unjustifiably refuses to sign the notarial deed within the set deadline, the deposit remains with the Seller, as compensation.

9.3. The parties may establish other penalties, depending on the specific situation.

X. Final Provisions

10.1. Any modification to this preliminary sale agreement shall be made only in writing, signed by both parties.

10.2. Disputes shall be resolved amicably, and in case of failure, by the competent courts.

10.3. This preliminary sale agreement was executed today, in [___] copies, one for each party.

SELLER, [___]      BUYER, [___]

Where things usually fall apart: inventory and apartment condition

In Sibiu, especially in areas like Centru, Ștrand or Hipodrom, discussions often arise about what stays in the apartment. Some sellers remove light fixtures, appliances, even bathroom fixtures. It seems absurd, but it happens. For apartment transactions, include a simple list with "stays / does not stay".

Equally important is to document the apartment's condition. It doesn't need to be a technical report. But you can include a statement about "condition as viewed" and any known defects declared by the seller.

Table: which clauses are worth checking depending on transaction type

Element	Cash	Mortgage loan
Financing suspensive condition	Optional	Recommended
Clear deadline for notarial deed	Recommended	Mandatory
Obligation: land register extract without encumbrances at notary	Recommended	Recommended
Handover-receipt report	Recommended	Recommended
Clause about existing first-rank mortgage	Only if applicable	Only if applicable

If you'd like to discuss your specific case and learn which clauses we frequently use in Sibiu, visit Vianto Properties and send us the property details.

6) Common mistakes and practical checklist for signing

Mistake 1: confusing the preliminary sale agreement with a simple reservation

A reservation can be an email or a simple note. A preliminary sale agreement is a commitment. If you sign one in the apartment market without reading it carefully, you risk losing your deposit or getting into conflicts. Don't sign "so someone else doesn't take it" without clear conditions.

In a market with sustained demand, the pressure is real. But discipline helps you buy well, not just fast.

Mistake 2: not clearly defining what "clean land register" means

Many write "no problems". That means nothing. Write explicitly: land register extract without encumbrances on the date of signing the notarial deed. If there are encumbrances, list them and write how they will be removed. If there is a mortgage, write the payment and removal mechanism.

In Sibiu, with 500 new mortgages reported by ANCPI in June 2026, such situations are common. Don't avoid them. Manage them.

Mistake 3: unrealistic deadlines, especially for credit

With reference rates at levels like IRCC 5.57% and ROBOR 3M 5.84% (according to BNR), banks may request additional documents. If you set too short a deadline, you risk penalties. If you set too long a deadline, the seller changes their mind or asks for renegotiation.

A good apartment discussion has firm but achievable deadlines. And it has an extension procedure, in writing.

Mistake 4: not writing clearly about handover and utilities

Handover doesn't just mean keys. It means meter readings, invoices, arrears, access cards, remote controls. In the handover report you note everything. In the preliminary sale agreement you write that the property is handed over free of non-included goods and without utility arrears, on the handover date.

In neighbourhoods like Ștrand or Hipodrom, where buildings have active associations, arrears show up quickly. You don't want to inherit them.

Mistake 5: ignoring the market and signing without benchmarks

You don't need to become an analyst. But you need benchmarks. According to Imobiliare.ro, Sibiu has 2,034 EUR/sqm average asking price and +7.4% in one year (September 2026). This suggests an appreciating market. It doesn't mean every asking price is correct. It means you need to do your homework and understand the market price for your location.

For a quick overview, start with the market page. Then we'll discuss specifics.

Signing checklist: what you verify before paying the deposit

• Identity of the parties and ownership rights (co-owners, powers of attorney, marital regime).
• Land register: ideally land register extract without encumbrances or clear removal plan.
• Agreed price: amount, currency, what is included, what is excluded.
• Deposit: amount, payment method, refund conditions.
• Timeline for notarial deed and extension procedure.
• Suspensive conditions: credit, documents, release, mortgage discharge.
• Handover: handover report, utilities, inventory, keys.
• Costs: who pays notarial fees and property transfer tax.

Mini case study (Sibiu): what a healthy negotiation looks like

Common scenario: apartment in Hipodrom, high interest, many viewings. The seller has a firm asking price. The buyer wants a negotiation discount, but doesn't want to lose the property. The good solution is to negotiate on conditions, not just on amount. For example, more flexible handover timing for the seller, in exchange for an adjustment or inclusion of certain items.

When it comes to apartments, put everything in writing. This way you avoid discussions at the end and keep the relationship civil.

FAQ – Frequently asked questions about preliminary sale agreements

1) Is a preliminary sale agreement mandatory for apartment sale-purchase?

It is not mandatory. You can go straight to the notarial deed if everything is ready. However, in 2026, a preliminary sale agreement is useful when you have a mortgage, when documents are still missing, or when you want to lock in the transaction in an area with high liquidity. A well-drafted apartment agreement reduces risk and clarifies timelines.

2) What is the difference between asking price, transaction price, and market price?

Asking price is the amount in the listing or the seller's request. Transaction price is the final amount paid at the notary. Market price is the realistic level, resulting from comparisons and demand. In the preliminary agreement you enter the agreed amount, which is the target for the transaction price. Benchmarks from portals help, but do not replace location-specific analysis.

3) What do I do if the bank doesn't approve my credit after signing the preliminary agreement?

This is where the suspensive condition clause matters. If you included in the apartment agreement the fact that the transaction depends on credit approval, you can request the return of your deposit, according to the written rules. Without this clause, the seller may consider your refusal unjustified. In 2026, with IRCC at 5.57% according to BNR, it is prudent to protect yourself.

4) Can I sign a preliminary agreement without a clean land register extract?

Yes, but only if you understand exactly what encumbrances exist and how they will be discharged. In the preliminary agreement you must write the seller's obligation to present at the notarial deed a clean land register or detail the mechanism for discharging the mortgage. If there is a first-rank mortgage, you establish the steps and timelines. Without clarity, you risk blockages and delays.

5) Who pays the property transfer tax and notarial fees?

It depends on the agreement between the parties and common practice, but it must be clearly stated in the preliminary agreement. In the document, you list separately the property transfer tax and notarial fees, so there is no confusion. Even if you don't enter amounts, you enter responsibility. A complete apartment agreement avoids last-minute discussions.

6) How does a real estate agent help me at the preliminary agreement stage?

A good agent helps you verify documents, structure timelines, and negotiate clauses, not just the amount. In Sibiu County, where according to ANCPI there were 936 transactions and 500 new mortgages in June 2026, the pace is brisk. An agent can protect your position in negotiation and tell you what is realistic for the location and type of financing, so that the preliminary agreement is workable.

Conclusion: a good preliminary agreement buys you peace of mind

In 2026, an apartment can sell quickly, especially in an area with high liquidity. According to Imobiliare.ro, Sibiu has an average asking price of 2,034 EUR/sqm and +7.4% in a year (September 2026). According to ANCPI, transactions rose to 936 in June 2026, up +26.7% from June 2025. At such a pace, the temptation is to sign quickly. But that is exactly where the difference appears between a successful transaction and one that keeps you blocked for months.

Use a model apartment sale-purchase preliminary agreement as a control tool. Fix the price, timelines, suspensive conditions, and handover. Request a clean land register extract or a clear discharge plan. Put in writing the inventory and condition of the apartment. And don't forget: a good preliminary agreement is not "longer", it is clearer.

If you want us to review your documents and propose a preliminary agreement structure suitable for Sibiu, visit https://viantoproperties.ro/ and see how we work. For specific questions, write to us directly here: Vianto Properties contact page. And if you want to stay up to date with the market, you have useful resources on real estate market and on blog.

Looking for advice on preliminary agreements and safe transactions in Sibiu? The Vianto Properties team is available to help you with personalized recommendations. Contact us at +40 791 710 606 or office@vianto.ro, or explore our available properties directly on the site.