How to Reserve an Apartment in Georgia and Get Your Deposit Back If Needed

In Georgia, as in many countries, a buyer can reserve a property by paying a deposit. Essentially, it confirms the intention of both parties: the buyer shows readiness to purchase, while the seller agrees to reserve the property and not offer it to others.
It’s important to understand: a deposit is not a full guarantee of the deal. It is a financial confirmation of serious intentions, but the transfer of money itself does not provide absolute protection.
When the Deposit Is Not Returned
If the buyer decides to withdraw from the deal, the deposit, according to the Civil Code of Georgia, remains with the seller. This is considered normal and lawful — the seller is compensated for lost time and potential buyers.
This is why you should only pay a deposit after checking the property and fully understanding the terms of the deal.
When the Seller Must Return Double the Deposit
If the deal fails due to the seller’s fault — they refuse to sell, change conditions, or violate the agreement — the law requires them to return double the deposit amount to the buyer.
This rule protects buyers from dishonest sellers, but terms may differ if you introduce custom conditions into the contract.
How Deposit Registration Works
The process is simple and takes only a few minutes. There are two options:
– Bring a pre-signed notarized document to the House of Justice.
– Or sign the deposit agreement directly with the registrar.
Once registered, an encumbrance is placed on the property — the seller cannot sell it to someone else until the deal is completed or the agreement is terminated.
What Is a Typical Deposit Amount?
There is no fixed amount — everything depends on the agreement between the parties. Typically, the deposit ranges from 1% to 10% of the property price, though it can be higher for exclusive listings.
Most often, the deposit is credited toward the full purchase price. In some cases, it may be refunded after fulfilling the contract terms, but this is less common.
When a Deposit Is Truly Useful
A deposit is helpful when you like the property but don’t yet have the full amount available, or you need time to transfer funds from another country. It allows you to secure the property and prepare the deal without rushing.
However, the effectiveness of a deposit depends entirely on the legal accuracy of the agreement. A single mistake can result in losing money.
Why It’s Better to Sign the Deposit Agreement with a Notary
Experienced buyers in Georgia rely only on notarized deposit agreements. A notary:
– explains the risks,
– recommends which terms to include,
– documents the obligations of both parties,
– ensures transparency of the transaction.
This significantly reduces risks and protects your deposit.
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