Buying property

Reservation agreement (rezervační smlouva)

In Czech: Rezervační smlouva

A reservation agreement (rezervační smlouva) is a contract in which a buyer pays a reservation fee and the seller or estate agency agrees not to offer the property to anyone else for a set period. It does not transfer ownership.

Also called: property reservation, reservation contract, rezervační smlouva

What it means

A reservation agreement (rezervační smlouva) is usually the first written step when buying property in the Czech Republic, especially through an estate agency (realitní kancelář). The buyer pays a reservation fee (rezervační poplatek), and the seller or the agency agrees to take the property off the market for a certain time and not negotiate with other buyers.

A reservation is not a purchase. Ownership is transferred only by the purchase agreement and the entry in the land register. The reservation simply buys time: the buyer can arrange a mortgage and check the property, and the seller gets a sign that the buyer is serious.

How it works in the Czech Republic

Agencies often prepare the reservation agreement as a three-party contract between seller, buyer and agency, but sometimes it is signed only by the buyer and the agency. It typically names the property, the fee, the reservation period, the deadline for signing the purchase agreement and what happens to the fee if the sale does not go ahead.

The amount of the fee and the conditions for getting it back follow whatever the parties agreed in the contract. If the purchase goes through, the fee is normally credited against the price. If the buyer walks away for a reason the contract does not cover, the buyer may lose part or all of it.

If you need the seller to be bound to actually sign the purchase agreement, the tool for that is an agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní). Read the reservation wording carefully, because it may only oblige the agency to stop marketing the property. If anything is unclear, ask a lawyer before you pay.

Practical example

For example, a buyer reserves a family house for 30 days and pays a reservation fee of CZK 100,000 (an illustrative amount). The contract says the fee will be refunded if the bank declines the mortgage within the reservation period and the buyer shows the bank's written refusal. If the buyer goes ahead, the fee is deducted from the price; if the buyer changes their mind for another reason, the agency keeps it.

What to watch out for

  • Before signing, check on nahlizenidokatastru.cz who owns the property and whether the title deed shows a mortgage, an easement or a pending change (plomba).
  • Insist that the contract spells out when the fee is refunded, especially if your mortgage is declined.
  • Find out whether the fee sits on the agency's account or in escrow, and who keeps it if the deal fails.
  • Check whether the seller signs the agreement too, or only the agency, and what happens if the seller sells to someone else.
  • Make sure the reservation period is long enough to get mortgage approval and prepare the purchase agreement.

Frequently asked questions

Do I get the reservation fee back if I change my mind?

It depends on the contract. If it lists no reason that entitles you to a refund, you may lose the fee.

Is a reservation agreement the same as an agreement on a future purchase agreement?

No. A reservation usually only keeps the property for you, while a smlouva o smlouvě budoucí kupní creates a duty to sign the purchase agreement later.

Can a reservation agreement transfer ownership?

No. Ownership passes only through the purchase agreement and entry into the land register.

  • Agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní)An agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní) obliges the parties to sign a purchase agreement later on terms agreed now. It is used when a sale cannot be completed yet, for example for a flat under construction.
  • Purchase agreement (kupní smlouva)A purchase agreement (kupní smlouva) is the written contract in which the seller undertakes to transfer ownership of a property to the buyer and the buyer undertakes to pay the price. Ownership passes only on entry into the land register.
  • Estate agent commission (provize realitní kanceláře)Estate agent commission (provize realitní kanceláře) is the fee an estate agency earns for arranging the sale or purchase of a property. Czech law does not set the amount, but the written brokerage contract must state it or how it is determined.
  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.
  • Mortgage (hypotéka)A mortgage (hypotéka) is a long-term housing loan secured by a lien on a property. The borrower repays it in regular monthly instalments, usually over many years.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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