Real Estate /
Buying property in Poland [41]
1) When do banks normally formally approve a mortgage?
Depends on the history between you and the bank but signing final umowa for bank loan can take up to 4 weeks, for foreign income loans can take 6 weeks.
2) I have read that the initial deposit (5-10%) is normally made to the seller which sort of worries me as I am used to giving the deposit to a neutral party eg. estate agent/notaire.
The deposit should be paid the the seller after a notary pre contract has been signed. That way it is classed as the deposit, otherwise the bank may refuse to recognise it as a payment in relation to the purchase. In any case this is payment is normally done after you have got clearance from the bank that you will get the loan. The agent of course will always press for a healthy deposit after precontract so that they can quickly get their agency fee, but I digress.
3) At what point is the final payment for the house made and who to?
The final payment is made either on the day of signing the contract, or by whenever is set by the terms of the final akt notarialny, usually 24-48 hours if cash. If bank loan we normally given people up to a month for the bank to make the transfer, but in practice it takes about a week. We did wait 14 days once. After signing the final aktyou should be given the keys to the property as there will be no reason for the bank not to pay the money due within the given time frame. I would certainly press to get the keys on the day as usually the notariusz will ask if keys have been handed over while reading the text of the akt to both parties. The only time the seller needs to insert precautions into the akt/ksiega wieczysta(deeds) is for cash deals where payment is to be made a number of days after the final act and where the buyer is considered to have "questionable morals" in regards to keeping up their end of the deal. Again I digress.
4) We intend to ask for some conditions to be placed in the first contract
Once you sign the precontract and pay a deposit you will be obliged to complete the transaction by the date set in the precontract, normally about 2 months. If you have been to the bank and have been told officially that you will get a loan, then you can go ahead. If it has just been the case of a basic talk with their financial adviser then I would wait to get an official decision from the bank. This step is called getting a pozytywa decyzja. Once you have this you can go ahead. Be careful re the terms of the deposit. eg a zadatek is non refundable, while a zaliczka is refundable.