You might be wondering…

• “If we don’t state the price, is the contract invalid?”

• “Can I just refer to a price list?”

• “What wording will a court accept as valid?”

My clients often ask…

• “Is it sufficient to say ‘price according to an expert opinion’?”

• “What if the price changes between signing and performance?”

• “Can we agree on the purchase price as the usual market price?”

What the law says in a nutshell

• § 2080 Czech Civil Code: The purchase price is considered sufficiently determined if at least the method of its determination is agreed.

• § 2085 (2) Czech Civil Code: If the parties intend to conclude a contract without specifying the purchase price, the price is deemed to be the usual price for comparable goods at the time of contract conclusion and under similar conditions.

👉 In other words: there does not have to be a fixed number. It is enough if the method of calculation is clear and objective.

The biggest risks and common mistakes

• Simply writing “price to be agreed” → invalid, as it is too vague.

• Referring to future negotiations without any criteria → unenforceable.

• Referring to a “price list” without specifying which one applies and when → dispute over validity.

• No mention of price at all → the court applies the usual market price, which may not suit either party.

Step-by-step: how to proceed

1. Clearly choose a method of determining the price:

• by expert valuation,

• by price index (e.g., electricity price on PXE),

• by weight, volume, or quantity,

• by the seller’s price list valid on a specified date.

2. Avoid vague formulations:

❌ “Price to be agreed”
❌ “Price at the seller’s discretion”

3. Contractually regulate changes:

• what happens if there is a delay,

• what happens if an expert opinion is not prepared,

• who bears the costs of determining the price.

Practical examples

• Agreement: “The purchase price shall be determined by an expert opinion as of the date of signing.” → valid, as the method is clear.

• Agreement: “The price will be agreed later by the parties.” → invalid, too vague.

• Agreement: “The price according to the seller’s price list valid at the time of delivery.” → valid, provided the price list is accessible and unambiguous.

• No price or method stated → court applies the usual market price (§ 2085 (2)).

Why you should avoid DIY approaches

Unclear wording about the price is one of the most common reasons for invalid sales contracts. Clients are often surprised to learn that their “contract” is not enforceable in court. Fixing such issues costs much more than drafting the contract properly from the start.

Lawyer’s recommendation

✔ If the price is not yet known, always determine it by a clear method (formula, expert report, price list).
✔ Never leave the price to “future agreement.”
✔ For high-value deals, have a lawyer review the contract – it saves disputes and money.

Checklist for negotiating price clauses:

• Is the price stated as a number or as a calculation method?

• Is the referenced price list clearly identified?

• Are rules for price changes included?

• Is it clear who pays for determining the price?

FAQ

Does a contract always need a fixed price?
No. It is enough to state a method of determination (§ 2080 Civil Code).

What if the price is not stated at all, not even a method?
The usual market price applies under § 2085 (2) Civil Code.

Is “price to be agreed” valid wording?
No. It is too vague and makes the contract invalid.