Reserving a flat and the pre-contract
A reservation agreement (broneerimisleping) is only the seller's promise not to sell to anyone else for an agreed period; it does not oblige anyone to buy or sell. A contract that obliges you to a future sale is a pre-contract (eelleping), and without a notary it is void. If a “reservation” in fact works as a pre-contract, the money paid can often be claimed back.
Reservation vs pre-contract
A reservation agreement is the seller's promise not to sell the property to anyone else for an agreed period. The law sets no special form for it, and it does not oblige the parties to complete the sale later.
A pre-contract that obliges you to buy or sell property in future must be notarised just like the main contract (VÕS § 33 lg 2, AÕS § 119). Without a notary such a contract is void. A notarised contract counts as concluded from the moment of notarisation (VÕS § 11 lg 5).
When the reservation fee comes back
The law does not set the size of the reservation fee — the parties agree on it. Under court practice, if the fee is clearly larger than a reasonable price for the reservation itself and stays with the other side if you back out, the contract counts as a pre-contract. Without a notary such a contract is void, and the money can be claimed back even if it says “non-refundable”.
Under a valid reservation agreement, if the buyer changes their mind the fee usually stays with the seller. If the seller breaks the reservation and sells to someone else, they usually have to return the fee; reservation agreements often include a contractual penalty as well.
A safer way to lock in the deal
It is safer to sign the sale contract at the notary straight away and transfer ownership later, once the loan is ready. The buyer's claim is protected by a priority notice (eelmärge) in the land register: a sale or mortgage that goes against the notice is void (AÕS § 63).
Frequently asked questions
- Will I get my reservation fee back if I change my mind?
- Under a valid reservation agreement the fee usually stays with the seller. But if the fee is clearly larger than a reasonable price for the reservation and the contract was not notarised, it may be a void pre-contract — then the money can be claimed back.
- Is a reservation agreement for a flat binding?
- No, the law does not require one or set a form for it. It obliges neither the seller to sell nor the buyer to buy — it is only a promise not to sell to others for the agreed period.
- What is the difference between a reservation and a pre-contract?
- A pre-contract obliges you to make the deal in future, so it has to be notarised (VÕS § 33 lg 2). A reservation creates no such obligation.
- How much is a reservation fee?
- The law does not set it; the parties agree on it. Bear in mind that the bigger the fee compared with a reasonable price for the reservation, the more likely the contract counts as a pre-contract.
This is general information, not legal advice: in a dispute, talk to a lawyer or a notary.
Sources: Võlaõigusseadus (VÕS), Riigi Teataja, действует с 01.09.2026; Asjaõigusseadus (AÕS), Riigi Teataja; Advokaadibüroo Tetris, 24.10.2024: kinnisasja broneerimis- või eelleping; Juristaitab.ee (kontrollitud 20.06.2026): broneerimisleping vs eelleping; Advokaadibüroo Lindeberg, 01.03.2019: broneerimislepingud on sageli tühised; Arco Vara blogi, 23.03.2018: ole broneerimistasu maksmisel ettevaatlik. Checked on 26 Oct 2026.
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