Property Transactions and Legal Due Diligence

Prepared by: Constantinople

A deposit paid without review may become disputed money to recover if a problem emerges. Simply labelling it a deposit does not mean repayment is always required or withdrawal always has the same consequence. The reservation form, preliminary agreement, payment description and correspondence must be read together. The obligation for which payment is made must be clear.

First check the property's identity, seller's capacity and signatory's authority. Then assess what happens if the land or municipal file has problems, the seller cannot transfer, or credit or another condition fails. Repayment terms, payment stages, delivery date and penalties should be connected. An ordinary written document does not itself transfer ownership; official procedure and registration requirements also apply.

For bilingual documents, the controlling language in a translation conflict matters. General wording drafted by an agent or contractor may not meet the buyer's particular expectations. Check separately whether oral statements about sale, delivery, rental yield or citizenship appear in the documents.

We examine the draft with the title and payment plan, showing which conditions need clarification before a deposit. If it has already been paid, reviewing existing documents and correspondence before another payment or signature still matters. We do not give a definite conclusion on repayment without seeing the agreement.