{"id":92141,"date":"2026-07-15T01:45:46","date_gmt":"2026-07-15T01:45:46","guid":{"rendered":"https:\/\/nekretnina.me\/blog\/sta-provjeriti-prije-kapare-za-nekretninu\/"},"modified":"2026-07-15T01:45:46","modified_gmt":"2026-07-15T01:45:46","slug":"what-to-check-before-putting-a-deposit-on-real-estate","status":"publish","type":"post","link":"https:\/\/nekretnina.me\/en\/blog\/sta-provjeriti-prije-kapare-za-nekretninu\/","title":{"rendered":"What to check before putting a deposit on a property"},"content":{"rendered":"

The deposit is often paid at the moment a buyer finally finds a property that seems like the right choice. However, that's precisely when one should slow down. The question What to check before a down payment<\/strong> it's not formality, but a step that separates a secure purchase from an expensive uncertainty. With a beachfront apartment, a villa with a view, or an investment plot, the deposit amount can be significant, and the consequences of a poorly made agreement even greater.<\/p>\n

The deposit has a clear purpose: it confirms the seriousness of both parties and reserves the property until the main contract is concluded. However, it must not be a substitute for checking documentation, verbal promises, or hastily signing a form that does not protect the buyer. Before money changes hands, it is necessary to determine who is selling, what exactly is being sold, under what conditions, and whether the property is legally and factually ready for sale.<\/p>\n

What to check before foreclosure: ownership and liens<\/h2>\n

The first check begins with the property deed. From it, it is determined whether the seller is registered as the owner and to what extent. The property may have multiple co-owners, heirs who have not yet settled property relations, or a spouse whose consent may be required. If all relevant owners are not included in the agreement, the earnest money deposit can become the beginning of a complicated process, rather than a step towards purchase.<\/p>\n

Loads and encumbrances must be checked with equal care. A mortgage does not automatically mean that a purchase is impossible, but it requires a precisely defined model for settling the obligation and removing the encumbrance. Records of disputes, enforcement actions, alienation prohibitions, easements of passage, or third-party rights can significantly affect the value, use, and future sale of the property.<\/p>\n

For premium residential properties, it is particularly important that the actual condition matches the documentation. A terrace, pool, outbuilding, parking space, or boat slip can be crucial for a purchase decision, but only if they are clearly defined as part of the rights being transferred. The view that attracted the buyer, the privacy of the plot, or access to the sea should also be considered through existing plans and rights, not just the condition on the day of the viewing.<\/p>\n

Check the legal status of the property and land.<\/h2>\n

An apartment can be impeccably furnished, but its legal documentation must be equally tidy. For existing properties, it is verified whether the property is registered, whether its area aligns with the cadastral records, and whether there is documentation relevant to its construction and use. Differences between the advertised and registered square footage are not always a reason to give up, but they are a reason to clearly determine the cause and method of resolution before putting down a deposit.<\/p>\n

In new construction and projects under construction, the focus is broader. The buyer needs to know Land status<\/a>, investor, construction documentation, work progress, and what is guaranteed by the contract regarding the completion deadline, quality, and apartment specifications. Visualizations are useful for presenting the concept, but only the obligations specifically included in the document have contractual value.<\/p>\n

Purchasing land requires extra caution. In addition to ownership, one should check the access road, urban planning parameters, the possibility of connecting to infrastructure, and building restrictions. A plot in an attractive location is not necessarily a plot where a dreamed-of villa, apartment project, or tourist facility can be realized.<\/p>\n

The seller must have the right to sell<\/h2>\n

If the seller is acting through a proxy, the content, scope, and validity of the power of attorney must be verified. It is not enough for the document to exist; it must clearly cover the right to negotiate, receive earnest money, and conclude the contract under the agreed-upon terms. When the owner is a legal entity, it is necessary to confirm who represents it and whether additional internal decisions are required for the sale.<\/p>\n

Properties acquired through inheritance, gift, or during marriage deserve special attention, as do situations where the seller lives abroad. These circumstances do not have to slow down the transaction if they are properly documented, but they should not be left to assumption. A good process identifies a potential issue before it becomes an obstacle with the notary.<\/p>\n

The deposit is not an advance payment: the contract must state what happens to the money.<\/h2>\n

In everyday speech, the terms \"kapara\" (deposit\/earnest money) and \"avans\" (advance payment) are often used interchangeably, but their consequences can differ. Therefore, the document should clearly state whether the payment is a deposit, an advance on part of the purchase price, or a reservation deposit, as well as the rules for refunding and retaining the money. Do not rely on messages, verbal agreements, or proof of receipt of money without a clear legal basis.<\/p>\n

A preliminary agreement or a down payment agreement must identify the property without ambiguity: cadastral parcel number, cadastral municipality, apartment or plot designation, square footage, appurtenances, and any parking spaces. It must contain the total purchase price, the down payment amount, the method of payment, the deadline for concluding the main contract, and the deadline for payment of the remaining price.<\/p>\n

The conditions under which a buyer can withdraw with a refund are equally important. For example, the document may provide for a refund of the deposit if encumbrances are found that the seller cannot remove, if the documentation is not provided within the agreed period, or if a discrepancy arises between the legal and actual situation. On the other hand, the seller must have a clearly defined obligation not to offer the property to another buyer during the agreed period.<\/p>\n

It is necessary to define the consequences of non-fulfillment. If the buyer withdraws without a contractual justification, they typically risk losing the earnest money deposit. If the seller withdraws, the consequence may be the return of double the amount, but only if such a provision is properly contracted and applicable to the specific case. Phrasing such as \u201ethe earnest money deposit is non-refundable in any case\u201c should only be accepted after careful legal assessment, as it can expose the buyer to risk even when the problem was not caused by their fault.<\/p>\n

Agree on the cash flow and realistic deadlines<\/h2>\n

Before making an offer, ensure the entire financial arrangement is feasible. A buyer financing part of the price with a loan should be aware of the documentation the bank requires and how long the appraisal, approval, and disbursement process takes. Cash funds, transfers from abroad, or selling other assets can also take time, while strict, no-reserve deadlines create unnecessary pressure.<\/p>\n

The purchase price must include costs not included in the advertised price: notary fees, taxes and charges, potential translation costs, registration of rights, and legal support. For complexes with a reception, security, or common facilities, check the amount of regular maintenance fees, what they cover, and if there are any outstanding debts to the manager or the condominium owners' association.<\/p>\n

Quick check before signing<\/h2>\n

Before paying any earnest money, the buyer should have answers to the following questions:<\/p>\n

    \n
  • Is the seller listed as the owner and do all owners consent to the sale?<\/li>\n
  • Are there any mortgages, disputes, encumbrances, or other third-party rights?<\/li>\n
  • Are the surface area, appurtenances, and actual condition of the property consistent with the documentation?<\/li>\n
  • What document governs the notary bond, when it is returned, and what happens if one party withdraws?<\/li>\n
  • Are the deadlines for the main contract, payment, and handover of possession achievable?<\/li>\n
  • What are the total costs of purchase and future ownership?<\/li>\n<\/ul>\n

    For properties of higher value, an independent legal review and expert negotiation guidance are not an added luxury, but part of a responsible investment decision. The Nekretnine.me team approaches the deposit as an important point in the process, not as a quick end to negotiations, so that the buyer knows what they are signing and what value they are acquiring.<\/p>\n

    A good property deserves a carefully made decision. When ownership, documentation, contract terms, and cash flow are verified before the down payment, the purchase can retain what it started out to be: the feeling of having found a property with character and future value.<\/p>","protected":false},"excerpt":{"rendered":"

    Find out what to check before making a deposit on a property: ownership, encumbrances, urban planning, contract, and deadlines that protect your purchase in Montenegro with less risk.<\/p>","protected":false},"author":19,"featured_media":92142,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[8],"tags":[],"class_list":["post-92141","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"acf":[],"_links":{"self":[{"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/posts\/92141","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/comments?post=92141"}],"version-history":[{"count":0,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/posts\/92141\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/media\/92142"}],"wp:attachment":[{"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/media?parent=92141"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/categories?post=92141"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nekretnina.me\/en\/wp-json\/wp\/v2\/tags?post=92141"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}