Frequent questions

Who holds the deposit?

Quick Answer:

There is no single mandatory rule in law, but best practice for significant transactions is that the deposit is held by a neutral party, usually the notary.

There is no single mandatory rule in law, but best practice for significant transactions is that the deposit is held by a neutral party, usually the notary.  

Options include:

  • Notary deposit or escrow account – The notary holds the deposit and releases it to the seller once contractual conditions are met (e.g. signed contract, tax obligations, documents ready for registration)
  • Lawyer's client account or bank escrow – In some cases, especially for complex or high-value deals
  • Direct payment to the seller – Used in smaller or low-risk transactions, but offers less protection if a dispute arises  

The contract should clearly state:

  • Who holds the deposit
  • Under what conditions it is released
  • When and under what circumstances it is refundable or forfeited  

For foreign buyers and larger transactions, using a notary or bank escrow structure is generally recommended.

Sources:

Law on Obligations; Law on Notaries; notarial practice on deposit accounts; NT Realty transaction experience

Contact

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We’d be happy to talk through your plans — whether you’re curious about the market, ready to view, or thinking of selling. Contact us on WhatsApp, or email us if you prefer. We’ll work the way that suits you.

info@ntrealty.me

+382 67 268 805

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