Real Estate Sale-Purchase Agreement: Clauses That Make a Difference
By Vladislav Mocanu
CEO, Managing Partner
18.06.2026
In many real estate transactions, the main focus is the price. However, the real risks often lie in the contract: in the wording of warranties, the timing of delivery, payment conditions, liability for defects and the way the parties deal with unexpected situations.
A good contract does not make the transaction more complicated. It makes it clearer. And clarity is what prevents disputes after signing.
A good contract does not make the transaction more complicated. It makes it clearer. And clarity is what prevents disputes after signing.
The property must be described precisely
The contract should accurately identify the asset: cadastral number, area, address, composition, shares and, where relevant, the land plot, parking spaces, storage units, annexes or rights of use. Any discrepancy between the physical reality and the cadastral documents must be clarified before authentication.
Price and payment
Payment clauses should clearly answer essential questions: when the price is paid, by which method, from which account, what happens in case of delay, whether mortgage financing is used and when the payment obligation is deemed fulfilled. For significant amounts, generic wording is risky.
Seller’s warranties
The seller should represent and warrant that they have the right to sell, that the property is not affected by disputes, restrictions or undisclosed rights, that there are no hidden debts and that the information provided to the buyer is complete. These warranties should be linked to concrete consequences if breached.
Delivery of the property
The contract should set the date of delivery, the condition of the property, movable items included, meter readings, documents to be handed over and responsibility for damage before delivery. Without these details, disputes often arise after signing.
Liability for defects and termination
Clauses on defects must be drafted carefully. Not every issue discovered after purchase automatically unwinds the transaction, but the buyer should have clear remedies if hidden defects, false information or warranty breaches are discovered. The contract should also define when it may be terminated.
Conclusion
A professional real estate contract is not a standard template quickly filled in. It is a protective instrument adapted to the specific transaction.
Mocanu Legal assists clients in drafting, reviewing and negotiating real estate contracts, with a focus on risk prevention and protection of interests before signing.
The contract should accurately identify the asset: cadastral number, area, address, composition, shares and, where relevant, the land plot, parking spaces, storage units, annexes or rights of use. Any discrepancy between the physical reality and the cadastral documents must be clarified before authentication.
Price and payment
Payment clauses should clearly answer essential questions: when the price is paid, by which method, from which account, what happens in case of delay, whether mortgage financing is used and when the payment obligation is deemed fulfilled. For significant amounts, generic wording is risky.
Seller’s warranties
The seller should represent and warrant that they have the right to sell, that the property is not affected by disputes, restrictions or undisclosed rights, that there are no hidden debts and that the information provided to the buyer is complete. These warranties should be linked to concrete consequences if breached.
Delivery of the property
The contract should set the date of delivery, the condition of the property, movable items included, meter readings, documents to be handed over and responsibility for damage before delivery. Without these details, disputes often arise after signing.
Liability for defects and termination
Clauses on defects must be drafted carefully. Not every issue discovered after purchase automatically unwinds the transaction, but the buyer should have clear remedies if hidden defects, false information or warranty breaches are discovered. The contract should also define when it may be terminated.
Conclusion
A professional real estate contract is not a standard template quickly filled in. It is a protective instrument adapted to the specific transaction.
Mocanu Legal assists clients in drafting, reviewing and negotiating real estate contracts, with a focus on risk prevention and protection of interests before signing.
