Real Estate Sale Promise Contract: Definition, Conditions and Legal Processes

The real estate sales promise contract is a type of preliminary contract that undertakes the transfer of the real estate in the future and provides legal assurance. This contract is drawn up to protect the rights of the parties, prevent disputes that may arise in the future, and secure the title deed transfer process, especially in real estate purchase and sale transactions.

This contract, which must be made in the presence of a notary , is of great importance for both the buyer and the seller. While the annotation in the land registry, which protects the buyer's rights, ensures that the seller fulfills his commitments, elements such as the obligation to pay the price also form the basis of the contract. In this article, important issues such as the legal nature of the real estate sales promise contract, the rights and obligations of the parties, termination and solutions will be discussed in detail.

Subheadings

What is a Real Estate Sales Promise Agreement?
Legal Nature of Real Estate Sale Promise Contract
Parties and Elements of Real Estate Sale Promise Contract
Conditions of Form for Real Estate Sale Promise Contract
Real Estate Sale Promise Contract and Notification to the Land Registry
Rights and Obligations of the Parties in the Real Estate Sale Promise Contract
Termination and Expiration of Real Estate Sale Promise Contract
Dispute Resolution Methods in Real Estate Sale Promise Contract
Conclusion: The Importance of Real Estate Sale Promise Contract and Things to Consider

1. What is a Real Estate Sales Promise Agreement?

a preliminary contract of a promissory nature that commits to sell a real estate in the future under certain conditions . One or both parties assume the obligation to make a real estate sales contract in the future. This contract is drawn up in the presence of a notary and is subject to the official form requirement.

The main purpose of this contract is to secure the future transfer of real estates that are not yet transferable at the land registry office. Real estate sales promise contracts are frequently used, especially in urban transformation projects , construction contracts in return for flats and real estate purchase and sale transactions.

2. Legal Nature of the Real Estate Sale Promise Contract

The real estate sales promise contract is a preliminary contract that is obligatory . This contract commits to the execution of the main contract for the sale of the real estate in the future . However, the transfer of real estate ownership is not realized with this contract, but with the official sales contract to be made at the land registry office .

Legal Basis

The legal nature of the real estate sales promise contract is regulated by Article 29 of the Turkish Code of Obligations :

The parties undertake to mutually enter into an immovable sales contract in the future .
This contract is only valid if it is drawn up before a notary public .

Debt Generating Nature

A real estate sales promise contract only creates the obligation to make a sales contract . Therefore:

The ownership of real estate is not transferred by contract.
If one of the parties acts in breach of the contract, the other party may demand the enforcement of the contract or file a lawsuit for compensation.

Status of Submission of Annotation to Land Registry

Due to the legal nature of the real estate sales promise contract:

The contract is protected against third parties by annotating it in the land registry .
In case of annotation, the rights of the person who has rights in the contract are protected even if the real estate is transferred to another person.

For example : If a person who has committed to purchase a real estate through a sales promise contract has this right annotated in the title deed, he may claim the right even if the sale of the real estate to third parties is not prevented.

Obligations of the Parties

Seller's Obligation : To transfer the real estate in the future with a sales contract.
Buyer's Obligation : To pay the price of the real estate under the conditions specified in the contract.

Due to this obligatory nature, the real estate sales promise contract is considered as a contract containing mutual obligations .

The real estate sales promise contract is a preliminary contract that creates obligations and is a preparation for the main sales contract . This contract, which is subject to official form, clearly determines the obligations of the parties and provides legal protection against third parties when annotated in the land registry . With this feature, it creates a secure legal basis for the sale of real estate.

3. Parties and Elements of the Real Estate Sale Promise Contract

The real estate sales promise contract is a bilateral contract and is of a debt-generating nature. In this contract, the rights and obligations of the parties and the validity elements of the contract are of great importance. In order for the real estate sales promise contract to have full legal consequences, it must have certain elements.

3.1. Parties to the Agreement

two parties in the real estate sales promise contract :

Promising Seller (Seller)

It is the party that undertakes to transfer the real estate through sale in the future.
The seller must have the authority to dispose of the real estate.
It is not mandatory to be the owner of the real estate in the land registry records ; however, it is necessary to be authorized to make a contract in order to undertake the transfer of ownership.

Accepting the Sales Promise (Buyer)

The party that acquires the right to purchase the real estate from the seller in the future.
The buyer must pay the price of the real estate in accordance with the terms agreed upon in the contract.

Important Point : The parties must have the capacity to make a contract. Contracts made by incompetent persons are considered invalid .

3.2. Elements of a Real Estate Sale Promise Contract

In order for a real estate sales promise contract to be valid, it must contain the following elements:

a) Agreement of the Parties

clearly and explicitly declare their will to sell the real estate .
A sales promise contract is a contract based on mutual performance . In other words, the seller undertakes to transfer the real estate and the buyer undertakes to pay the price.

b) Subject of the Contract

The subject of the contract is that the real estate is identifiable . The real estate must be clearly defined with the following information:

Location : Province, district, neighborhood, parcel and island number,
Nature : Type of real estate such as land, field, residence or workplace,
Size : Area in square meters,
Title Deed Record : Title deed information of the real estate.

Uncertain real estates cannot be the subject of a contract; the subject of the contract must be clear.

c) Price (Sales Price)

The sales price of the real estate must be clearly stated in the contract.
The payment method (cash, installment or deferred payment) must also be included in the contract.

d) Official Form Requirement

The real estate sales promise contract must be drawn up in the presence of a notary .
Contracts not drawn up by a notary are considered invalid due to non-compliance with the form requirement.

e) Annotation to the Land Registry

may be annotated in the land registry in order to protect the buyer's rights .
Even if the real estates that are annotated to the land registry are sold to third parties, the rights of the contract owner are protected.

3.3. Obligations and Liabilities of the Parties

Seller's Obligations:

The obligation to transfer the real estate in the future through a sales contract ,
Transferring the real estate in accordance with the conditions specified in the contract,
Ensuring compensation for damages in case of non-compliance with contract terms .

Buyer's Obligations:

Paying the real estate price as agreed in the contract,
Acting in accordance with the terms of the contract,
Taking the necessary steps for title deed transactions.

In order for a real estate sales promise contract to be valid, the parties must consent, the contract must be drawn up in an official manner, and the real estate must be clearly defined. This contract gives the buyer the right to purchase the real estate in the future, while also imposing an obligation on the seller to transfer the real estate. The parties' full fulfillment of their obligations ensures that the contract operates properly.

4. Form Conditions of Real Estate Sale Promise Contract

In order for a real estate sales promise contract to be valid, it is mandatory to comply with the formal requirements . In Turkish Law, the binding of contracts related to real estate to a certain formal requirement is regulated in order to protect the rights of the parties and to prevent disputes. Contracts made in violation of the formal requirement are considered invalid and do not have any legal consequences for the parties.

4.1. Official Form Requirement

The real estate sales promise contract is a contract subject to official form in accordance with Article 237 of the Turkish Code of Obligations . This form requirement requires the contract to be drawn up in the presence of a notary .

Features of the Official Form Requirement:

The contract is drawn up by a notary and the signatures of both parties are taken in the presence of a notary.
confirms that the terms of the contract are understood by both parties .
If the formal form requirement is not complied with, the contract is deemed null and void .

Example: If the real estate sales promise contract is not made in the presence of a notary, one of the parties cannot perform a transaction at the land registry office or file a lawsuit based on the contract.

4.2. Consequences of Non-Conformity to the Form Condition

If the real estate sales promise contract is not made in the presence of a notary:

The contract is void and does not impose any rights or obligations on the parties.
Enforcement proceedings cannot be initiated or registration in the land registry office cannot be requested based on invalid contracts .
In case of disputes arising between the parties, the contract is deemed null and void and no legal claim can be made.

However: If the parties have mutually fulfilled an invalid contract, then the provisions on unjust enrichment come into play and the refund of the amount paid may be requested.

4.3. Purpose of the Form Requirement

The form requirement was introduced to increase the reliability of the real estate sales promise contract and to protect the rights of the parties:

Protection of the Wills of the Parties : The notary public clearly states the wills of the parties and ensures that they signed the contract knowingly.
Prevention of Disputes : The official form requirement is a definitive evidence in case of disputes that may arise in the future.
Consumer Protection : It aims to protect the buyer in particular and makes the seller's obligations concrete.

4.4. Annotation to the Land Registry

The real estate sales promise contract drawn up in accordance with the form requirement can be annotated in the land registry.

Annotation to the Land Registry : Protects the buyer's rights against third parties.
Even if the immovable property with the annotation is sold to another person, the buyer's rights are protected.
The period of annotation in the land registry is limited to 5 years . If the contract is not executed within this period, the effect of the annotation ends.

4.5. Court Decisions Regarding the Form Requirement

According to the decisions of the Supreme Court, in case of violation of the form requirement in the real estate sales promise contract:

The contract is deemed null and void .
Registration of the real estate in the land registry cannot be requested based on the contract.
However, if the parties' obligations in the invalid contract have been fulfilled, the amounts paid can be taken back in accordance with the provisions of unjust enrichment .

The real estate sales promise contract is subject to the official form requirement and must be drawn up in the presence of a notary . This requirement ensures the validity of the contract, protects the rights of the parties and ensures that the contract is made under legal guarantee. In addition, annotating the land registry provides a strong legal basis for the contract by protecting the rights of the buyer against third parties . If the form requirement is not met, the contract is considered invalid and has no binding effect on the parties.

5. Real Estate Sale Promise Contract and Notation to the Land Registry

The annotation of the real estate sales promise contract to the land registry is of great importance in order to secure the rights of the buyer . Annotation to the land registry ensures that the buyer, who undertakes to transfer the real estate in the future, protects this right against third parties . This situation guarantees the protection of the buyer's rights, especially against the risk of the real estate being sold to someone else or a transaction being made on it.

5. 1. What is an Annotation to the Land Registry?

Annotation in the land registry is the process of registering the real estate sales promise contract in the land registry office records, thus making the rights arising from the contract assertable against third parties .

The annotation strengthens the buyer's right over the real estate.
This annotation, which is recorded in the land registry, does not completely prevent the real estate from being sold to another person; however, it provides the contract owner with the right of priority .

5.2. Legal Basis for the Annotation to the Land Registry

Annotation in the land registry is regulated under Article 1009 of the Turkish Civil Code :

can be annotated in the land registry after it is validly drawn up before a notary .
of the annotation process is to secure the rights arising from the contract and to prevent the malicious actions of third parties.

5.3. Duration of Notification to the Land Registry

The effect of the real estate sales promise contract annotated in the land registry is limited to 5 years .

Annotation Period : The buyer must fulfill the contract or complete a transaction at the land registry office for the transfer of the real estate within 5 years.
At the end of the period, if the real estate is not transferred, the annotation in the land registry automatically becomes invalid .

5.4. Advantages of the Annotation to the Buyer

The real estate sales promise contract annotated in the land registry protects the buyer's rights in the following respects:

Protection Against Third Parties

Even if the real estate is sold to a third party after the annotation, the buyer's rights continue.
The buyer with the annotation may file a lawsuit for cancellation and registration of the title deed against the seller who has not transferred the title deed .

Buyer's Priority Right

If more than one transaction is made on the real estate, the right of the buyer who has annotated the land registry is considered to be prioritized .

Security on Real Estate

The annotation protects the buyer's rights in case the real estate is transferred to someone else or mortgaged .
The buyer is prevented from suffering any loss due to the real estate sales promise contract.

5.5. How to Make an Annotation to the Land Registry?

The annotation process in the land registry is carried out based on the real estate sales promise contract drawn up before a notary :

Application for annotation : One of the contracting parties applies to the land registry office with the contract .
Required Documents :
- Notarized real estate sales promise contract,
- Identity document,
- Title deed record of the real estate.
Recording of the Annotation in the Land Registry : The land registry officer examines the contract and, if deemed appropriate, places an annotation in the land registry record of the real estate .

With this transaction, the buyer's rights are officially protected .

5.6. Removal of Commentary

The annotation of the real estate sales promise contract annotated in the land registry is removed in the following cases:

Expiration : The annotation automatically expires at the end of the 5-year period.
Consent of the Parties : If the parties agree to request the removal of the annotation, the process is carried out by the land registry office.
Court Decision : As a result of a legal dispute, the annotation may be removed by a court decision.

Annotation in the land registry is an important mechanism that secures the real estate sales promise contract against third parties . While the annotation protects the buyer's rights, possible malicious transactions on the real estate are also prevented. In this process, the submission of the notarized contract to the land registry office and the completion of the annotation procedures are of vital importance in terms of protecting the buyer's rights.

6. Rights and Obligations of the Parties in the Real Estate Sale Promise Contract

Real estate sales promise contract is a type of contract that creates mutual obligations . The parties undertake certain rights and obligations within the scope of the contract. These rights and obligations ensure the sound execution of the contract and prevent the parties from being victimized.

6. 1. Rights and Obligations of the Seller

a) Seller's Obligation to Transfer the Real Estate
The most basic obligation of the seller is to transfer the real estate on the date agreed upon in the contract with the main sales contract .

The seller is obliged to transfer the real estate in full and in accordance with the conditions specified in the contract.
mortgages, liens or restrictions on the property at the time of delivery .

b) Obligation to Perform Transactions for Title Deed Transfer
The seller is obliged to perform the necessary transactions for the transfer of the real estate at the land registry office. Failure to complete the title deed transactions constitutes a violation of the contract.

c) Ensuring the Protection of the Buyer's Rights
In order to protect the buyer's rights arising from the contract, the seller:

annotation is made to the land registry in order to prevent the sale of the real estate to third parties .

d) Responsibility for Defective Real Estate
The seller must deliver the real estate in accordance with the qualifications specified in the contract. In case of real estate delivered with deficiencies or defects, the buyer:

To remove the fault,
The price should be reduced,
He/she may withdraw from the contract and request the refund of the amount paid.

Seller's Rights:

The buyer may request that the price agreed upon in the contract be paid on time .
If the buyer fails to fulfill his obligations, he may terminate the contract and claim compensation.

6.2. Rights and Obligations of the Buyer

a) Obligation to Pay the Sales Price
The basic obligation of the buyer is the obligation to pay the real estate price agreed upon in the contract .

Payment method and dates must be specified in the contract (cash, deferred payment or installment).
If the buyer does not pay the price, the seller has the right to terminate the contract.

b) Right to Request Transfer of Title Deed:
The buyer may request the transfer of title deed of the real estate from the seller on the date agreed upon in the contract.

If the title deed transfer is not completed, the buyer can apply to the court and file a lawsuit for cancellation and registration of the title deed .

c) Rights Against Defective Real Estate
In case the real estate is delivered incompletely or defectively, the Buyer:

The seller must rectify the defect,
Price reduction,
He may withdraw from the contract and request the refund of the amount he paid.

d) Right to Annotate in the Land Registry: The buyer has
the right to annotate the real estate sales promise contract in the land registry in order to secure the contract .

The annotation protects the buyer's rights in case the real estate is transferred to third parties.

Buyer's Rights:

The right to withdraw from the contract in case the seller acts contrary to the contract,
The right to request the court to cancel the title deed and register it if the title deed transfer is not realized ,
The right to claim compensation in case of defective or missing real estate .

6.3. Acts of the Parties Contrary to the Agreement

Situations that are contrary to the contract affect the rights of the parties and result in legal sanctions:

Seller's Non-Conformity:

If the title deed is not transferred, the buyer can withdraw from the contract and claim compensation .
He/she may request the transfer of the real estate to himself/herself by filing a lawsuit for the cancellation and registration of the title deed.

Default of the Buyer:

If the seller does not pay the price, he may terminate the contract and demand compensation for the damage he has suffered.

6.4. Assurance Mechanisms in the Contract

The following mechanisms may be included in the contract to safeguard the rights and obligations of the parties:

Security Provisions : The seller must provide security to ensure that the price paid by the buyer is protected.
Penalty Clauses : Provision of a penalty fee in case one of the parties acts contrary to the contract.
Annotation in the Land Registry : Protection of the buyer's rights arising from the contract against third parties.

The rights and obligations of the parties are clearly regulated in the real estate sales promise contract. The seller's obligation to transfer the real estate and the buyer's obligation to pay the price constitute the basic elements of the contract. In the event of a breach of contract by one of the parties, the other party has the right to withdraw from the contract, claim compensation or carry out the transfer of title deed through a lawsuit. The healthy fulfillment of these rights and obligations ensures the reliability of the contract and the balance between the parties.

7. Termination and Expiration of the Real Estate Sale Promise Contract

A real estate sales promise contract can be terminated or legally terminated under certain conditions . While termination of the contract occurs when one of the parties fails to fulfill their contractual obligations or when legal conditions change, termination of the contract usually occurs when a certain period of time expires or when the parties fulfill their obligations.

7.1. Termination of the Contract

Termination of a real estate sales promise contract occurs when one of the contract parties fails to fulfill their obligations or acts unlawfully.

a) Failure of One of the Parties to Fulfill Its Obligations

Violation by the Seller : The seller's failure to transfer the title deed of the real estate or acting in violation of the contract.
- In this case, the buyer has the right to withdraw from the contract and demand compensation .
- The buyer may apply to the court and file a lawsuit for cancellation and registration of the title deed.
Breach of the Buyer : The Buyer's failure to pay the real estate price as agreed in the contract.
- In this case, the seller may terminate the contract and request the collection of the unpaid amount or compensation for damages arising from the contract.

b) Penal Conditions

a penalty clause is specified in the contract in case the parties fail to fulfill their obligations , this fee may be requested when the contract is terminated.

For example, if the seller violates the contract, the buyer may request payment of the amount determined under the penalty clause.

7.2. Termination of the Contract

A real estate sales promise contract may be legally terminated for various reasons:

a) Fulfillment of Parties' Obligations

If the seller transfers the real estate to the buyer at the title deed and the buyer pays the real estate price in full, the contract is terminated.
In this case, all rights and obligations arising from the contract are fulfilled through performance .

b) Expiration of the Annotation Period

The real estate sales promise contract, which is annotated in the land registry, automatically terminates at the end of the 5-year period .
If the transfer is not made at the land registry office within this period, the buyer's right is deemed to have been legally terminated .

c) Mutual Agreement of the Parties

The parties may mutually terminate the contract and end the agreement.
In this case, the obligations arising from the contract are eliminated and the parties agree on the amounts to be refunded.

d) Force Majeure Situations

The contract may be terminated if one of the parties fails to fulfill its obligations due to force majeure such as earthquake, flood, or economic crisis .
In such cases, refund and compensation terms come into play to minimize the grievances of the parties.

7.3. Consequences of Termination and Expiration

a) Refund of Paid Price

In case of termination or expiration of the contract, the price paid by the buyer is refunded with interest , unless otherwise stated in the contract .

b) Claim for Compensation

The party acting in breach of the contract is obliged to compensate the material and moral damages suffered by the other party.
This situation especially arises if the seller does not transfer the title deed or the buyer does not pay the price.

c) Application of Penal Conditions

If a penalty clause is stipulated in the contract, the injured party may demand payment of this amount in the event of termination.

7.4. Legal Procedure for Termination

In case of termination of the contract, the legal remedies that the parties can seek are as follows:

Consumer Courts : The buyer may apply to the consumer courts for the termination of the contract and the refund of the amount paid.
Title Deed Cancellation and Registration Case : If the seller does not fulfill his obligations, the buyer can request the transfer of the title deed from the court.
Compensation Suit : The injured party may file a compensation suit due to breach of contract .

The termination and expiration of a real estate sales promise contract may occur due to reasons such as the parties' behavior contrary to the contract, mutual agreement or the completion of the legal process. In the event that one of the parties fails to fulfill its obligations, the other party has the right to withdraw from the contract and seek compensation , refund of the price or take legal action for the transfer of title deed. In this process, the penal clauses and security provisions included in the contract play an important role in protecting the rights of the parties.

8. Dispute Resolution Methods in Real Estate Sale Promise Contract

Since real estate sales promise contracts are based on the mutual obligations of the parties, various disputes may arise in the performance of the contract or in the event that the parties fail to fulfill their obligations. In such disputes, legal remedies come into play. In order to protect the rights arising from the contract, the buyer and seller may apply to the courts or other remedies by acting within the legal framework.

8.1. Types of Disputes

The most common types of disputes in real estate sales promise contracts are as follows:

Failure to Transfer Title Deed :

The seller does not transfer the title deed of the real estate on the date specified in the contract.
In this case, the buyer must apply to the court to seek his rights.

Non-Payment of Price :

The buyer does not pay the price agreed upon in the contract on time.
In this case, the seller has the right to terminate the contract and demand compensation.

Delivery of Defective Real Estate :

The seller does not deliver the real estate in accordance with the conditions specified in the contract.
The buyer has the right to demand the rectification of the defect or compensation.

Invalidity of the Contract :

The contract is deemed invalid because it was not drawn up in the presence of a notary.
In this case, the parties may request a refund in accordance with the provisions on unjust enrichment.

8.2. Solutions

a) Deed Cancellation and Registration Case

If the seller fails to transfer the title deed, the buyer may file a lawsuit for cancellation and registration of the title deed .

This lawsuit ensures that the real estate is registered in the name of the buyer at the land registry in accordance with the contract.
Competent Court : The Civil Court of First Instance where the real estate is located has jurisdiction.
The buyer must prove that he/she made the contract in the presence of a notary and fulfilled the necessary conditions.

b) Compensation Case

is obliged to compensate the material and moral damages suffered by the other party .

The buyer may request compensation in cases such as the seller's failure to transfer the title deed or the delivery of a defective real estate.
If the buyer does not pay the price, the seller may file a lawsuit to claim compensation for damages.

c) Termination of the Contract and Request for Refund

If one of the parties fails to fulfill its contractual obligations, the other party may terminate the contract and request a refund of the amount paid.

If the buyer does not pay the contract price, the seller may terminate the contract.
If the seller fails to transfer the title deed, the buyer may request the refund of the price paid with interest .

d) Application of Penal Clause

If a penalty clause is stipulated in the contract, when one of the parties acts contrary to the contract, the other party may demand the fulfilment of the penalty clause.

This condition comes into play especially in case of delay in the transfer of title deed or non-payment of the price.
It is recommended to add a penalty clause to the contract in order to reduce the grievances of the parties.

e) Consumer Courts

If the real estate sales promise contract is of a consumer nature (for example, if it is drawn up by a building society or a contractor):

The Buyer may seek his rights by applying to the Consumer Courts .
Consumer courts can provide quick solutions in cases where the seller fails to fulfill its obligations.

f) Mediation Method

In disputes arising from real estate sales promise contracts, the parties may choose to resort to mediation before filing a lawsuit.

Mediation enables the process to be resolved more quickly and at lower cost by reaching an agreement between the parties.
cases related to real estate such as cancellation of title deeds and registration are not within the scope of mediation.

8.3. Documents to be Used as Evidence in Legal Proceedings

In case of dispute, the following documents are considered as evidence so that the parties can prove their rights:

Notarized real estate sales promise contract,
Annotation records in the land registry,
Payment receipts,
Written communication between the parties and additional contractual documents.

The resolution of disputes arising from the real estate sales promise contract is possible if the parties know their legal rights and manage the legal process correctly. In cases such as non-transfer of title deed, non-payment of price or defective real estate, the parties may resort to methods such as cancellation of title deed and registration lawsuit , compensation claims and termination of the contract . In addition, consumer courts and mediation methods can be used for rapid resolution in consumer transactions. In this process, notary-approved contracts and annotation to the land registry are of great importance to secure the rights of the parties.

Conclusion: The Importance of Real Estate Sale Promise Contract and Things to Consider

is a preliminary contract that guarantees the parties' mutual obligations for the transfer of the real estate in the future and creates debts. Especially in large real estate purchase and sale processes or urban transformation projects, this contract provides a legal guarantee that protects both the buyer and the seller .

of this contract in the presence of a notary and the annotation of the land registry protects the rights of the buyer against third parties. It is extremely important for the parties to fully comply with the terms of the contract in order to prevent disputes. Failure to comply with the form requirement will render the contract invalid and cause the parties to lose their rights.

The main points that the parties should pay attention to during the contract process are as follows:

Notarization : It is mandatory that the contract be drawn up in the presence of a notary.
Contract Content : The description of the real estate, sales price, payment plan and penalty terms must be stated clearly and explicitly.
Annotation in the Land Registry : It is important to annotate the contract in the land registry in order to protect the rights of the buyer.
Guarantees and Assurances : In order to prevent the parties from suffering, guarantee provisions must be included in the contract.
Pursuing Rights : When one of the parties acts in breach of the contract, legal remedies must be implemented quickly.

If the real estate sales promise contract is prepared correctly and complies with the legal conditions, it guarantees the future transfer of the real estate for the buyer and the collection of the price for the seller. However, in the event that the parties fail to fulfill their obligations, the rights arising from the contract should be protected through legal means such as cancellation of the title deed and registration lawsuit , and compensation claims .

As a result, the real estate sales promise contract is an important agreement both legally and economically. It is of great importance that the process is transparent, notarized and progresses within a legal framework in order to prevent the parties from losing their rights. At this point, preparation and execution of the contract with expert support will prevent possible disputes.