A Pre‑Agreement is a preparatory contractual and promissory agreement whereby one or more parties undertake an obligation—specifically, the obligated party commits to cooperate in the execution of the definitive contract or unilateral legal act, the content of which is already defined within the framework of the pre‑agreement.
In modern practice, where speed of transactions is prioritized, pre‑agreements are commonly used especially for real estate acquisitions, in cases where the legislator requires that they be executed in notarial form. This typically occurs when the definitive contract is not yet mature, either due to legal reasons, factual circumstances, or because the parties are not yet ready to be fully bound.
However, it is important to note that a pre‑agreement:
- Does not create or alter real property rights;
- Does not constitute a title of ownership;
- Does not produce ownership by operation of law or through adverse possession.
From a notarial perspective, pre‑agreements concerning the commitment to dispose of real estate must be drafted in notarial form, as the pre‑agreement is subject to the same formal requirements as the definitive contract. While this may appear as a “duplication of formalities” for the parties, it ensures full legal compliance and the enforceability of the eventual definitive transaction.