Key facts
- Zadatek: you lose it if you pull out; the seller returns double if they break the deal (Art. 394 Civil Code).
- Zaliczka: always refundable.
- A contract in notarial form lets you ask a court to enforce the final sale.
- When buying with a mortgage or MSWiA permit, include the condition and a realistic deadline.
Zadatek
Usually 5–10% of the price. It commits both sides. If the deal falls through for reasons nobody is responsible for (e.g. a loan refusal through no fault of the buyer), the deposit is returned.
Zaliczka
Safer for the buyer, but a weaker incentive for the seller. Always refundable if the final contract isn't signed.
What to include in the contract
- Price and payment method (account, deadlines, paying off the seller's mortgage).
- Date of the deed and of handover.
- Condition of obtaining a mortgage or MSWiA permit.
- Legal status: no encumbrances, occupants or debts.
- Furniture and fittings that stay.