Offer and contract guide
How to give a deposit when buying a house?
The deposit should not be viewed as a small payment sent in a hurry to avoid missing out on the house. Even though the same word is used in everyday language, the purpose of the payment in the contract, the return conditions and the obligations of the parties may lead to different legal consequences. Safe process; Minimal verification first, then clear text, followed by last traceable payment sequence.
One-minute summary
What to remember before deciding
- Do not make payments without verifying the title deed, the seller's identity and representation authority.
- Write clearly in the contract whether the payment is a commitment money or a withdrawal money.
- Completely describe the real estate, sales price, payment amount, periods and obligations of the parties.
- If credit, appraisal, title deed and technical inspection are required for you, arrange the results in advance.
- Make the payment to the right person, using a clearly explained and verifiable method.
Verify the property and the person to be paid before making a deposit
The advertiser, the person showing the house, and the owner on the title deed may not be the same person. The real estate identity, owner and share information must be seen in the current land registry record; If there is representation, the scope of the power of attorney or authorization document should be verified. If a real estate company acts as an intermediary, the authorization document and the authorization relationship established for the real estate should also be asked.
Pressure for a deposit is not a reason to postpone the document check. Making payments without considering the independent section, the add-ons included in the sale, the nature of the title deed and the known encumbrances to be at minimum extent may create serious disputes later. Payment should be stopped in cases where there is a suspicious document, a different account holder, or a transaction established only by message.
- Current land registry and correct independent section
- Owner identity, share ratio and representation authority
- Authorization certificate and written contractual relationship of the intermediary company
- Parking, warehouse, furniture and other elements included in the sale
- Relationship of the account holder to whom the payment will be made and the party or official
Payment orderFirst verification, then contract, last payment.A request to reserve a property for a short period of time should not leave it unclear to whom money is being sent and under what conditions.
Based on what the contract says, not the outcome of the word “deposit”
According to Article 177 of the Turkish Code of Obligations, the money given during the conclusion of the contract is not considered as withdrawal money, unless there is a contract or local custom to the contrary, but is considered as binding money, which is evidence that the contract has been made, and is deducted from the underlying receivable. For this reason, merely writing a “deposit” in the statement does not automatically give the parties the right to withdraw freely.
If the withdrawal amount is clearly determined in Article 178 of the Law, the person who gave the money must leave what he gave in case of withdrawal; In case of withdrawal, the buyer is required to give back twice what he received. In the concrete case, the nature of the payment, the validity of the main contract, the fault of the parties and the written conditions may change the result. Instead of copying a ready-made text, a legal review should be obtained on a transaction-specific basis.
| Title | Basic function | What should be clear in the contract? |
|---|---|---|
| Binding coin | Proof that the contract has been established and offset from the price | Amount, set-off, violation and refund conditions |
| Withdrawal money | Possibility of withdrawal for the agreed price | Right of withdrawal and consequences for the parties |
| Prepayment | Paying part of the sales price | Maturity, offset, conditions and result if no transaction |
Put all the terms of the decision in writing, not just the payment document
The document must include the names and identity information of the parties, the clear title deed of the real estate, the agreed sales price, the amount paid, the time and method of the remaining payment. The purpose for which the payment is made, how it will be deducted from the sales price, the deadline for the title deed appointment and the delivery conditions should also be clear.
Regulation on brokerage agreements for purchase and sale through real estate businesses; It requires writing headings such as the zoning and building occupancy permit status of the real estate, purchase-sale price, payment method, title deed fee and service fee. Ask for time to read the document before signing, leave no blank space, and receive the signed copy.
- Parties, representation information and contact addresses
- Province, district, neighborhood, island, parcel and independent section
- Total sales price, deposit/prepayment amount and offset format
- Deed, remaining payment, key and blank delivery dates
- Additions and items to be transferred with the real estate
- If the conditions are not met or one of the parties does not fulfill its obligation, the result is
Condition credit and review results before payment rather than after
If you cannot purchase without using a loan, the bank's approval and acceptable loan amount are the main conditions for you. Likewise, if the appraisal value is below a certain level, an unknown restriction appears in the land registry, incompatibility of the project and the current situation, or a significant problem in the technical examination may change your decision.
For each of these headings, it should be written who will carry out the control, which document will result, the deadline and what the payment will be in case of a negative result. A short sentence such as “refund if the loan is not granted”; It may not explain situations such as application deadline, reason for rejection, missing documents or failure of the recipient to complete the application. Conditions must be established in a way that is measurable and describes the behavior of the parties.
- Bank loan approval and minimum available amount if required
- Expertise report and acceptable legal-physical findings
- Current title deed registration, encumbrance and cancellation plan
- Project, settlement, current use and technical review
- If there is a tenant or user, empty delivery and eviction condition
- Document, responsible party and deadline for each check
Make the payment traceable and keep the file updated until the day of deed
Payment should be made via bank whenever possible, to the correct account holder in the contract and with a statement that clearly identifies the property. The receipt alone does not replace the contract; The signed text, authorization documents and receipt should be kept in the same file. If payment is to be made by hand, the recipient, date, amount and purpose of payment must be clearly recorded with a signed document.
Payment of the deposit does not mean that the inspection is over. Records, credit, valuation, encumbrances to be removed and delivery preparation should be monitored until the title deed appointment. The 2026 regulation of the Ministry of Commerce foresees the Secure Payment System for payment of the sales price in cash or transfer; On the transaction day, the current application must be verified through TKGM, the bank and relevant official channels.
The deposit is separate from the closing process, where the entire sale price must securely match the title transfer.
Frequently asked questions
Clear, concise answers
01How much should be the deposit when buying a house?
There is no single mandatory rate that applies to every transaction. Amount; The price of the real estate must be proportional to the control period and the risk of the parties; The nature of the payment, offset and refund conditions should be clearly written before the amount.
02If the loan is not granted, is the deposit always refunded?
Not automatically. Whether the loan approval is an express condition in the contract, the scope of the condition, the application obligation and the legal nature of the payment affect the outcome. The text must be reviewed by a lawyer before payment.
03Can the deposit be sent to the real estate consultant's account?
The clear authority of the person to be paid to receive and return the money, who owns the account, and their role in the contract must be verified. Payments should not be made to an unidentified third party account or by message only.