The most important rule that can protect your deposit: check your borrowing capacity before you sign a reservation or preliminary agreement and before you pay any deposit.
Before the deal, make sure you:• assess your borrowing capacity and choose the right banks• check the property's documents and any risks for the bank• carefully agree the terms of the preliminary agreement• decide in writing what happens to your deposit if the bank doesn't lend you the amount you needZadatek vs. zaliczka: a crucial differencePolish law makes an important distinction between two types of deposit:• Zaliczka (advance payment) — if the deal doesn't go ahead because the bank refuses your mortgage, it's returned to you in full.• Zadatek (binding deposit) — if the deal falls through on your side, including a mortgage refusal, the seller usually keeps it.
Many foreigners don't know this difference — and it can cost them thousands.
How to protect your deposit when buying with a mortgage1. Add a mortgage clause (klauzula kredytowa). Make sure your preliminary agreement says that if you receive official mortgage refusals from banks (for example, from 2–3 banks), the seller must return the zadatek in full.2. Set realistic deadlines. Give yourself enough time before the final agreement — at least 60–90 days. If the agreement expires before the bank issues its final decision, the deal may fail through your fault, and you lose the deposit.3. Apply to 2–3 banks at the same time. Don't rely on a single offer. Applying in parallel reduces the risk that one refusal costs you your deposit and the property.4. Check the property's legal status before you pay. Make sure there are no encumbrances in the land and mortgage register (Księga Wieczysta). If the bank refuses the mortgage because of problems with the property itself rather than your finances, you may be entitled to get your deposit back — in some cases even double (w podwójnej wysokości). [CHECK]5. Keep the deposit at a safe level and pay it safely. A typical deposit in Poland is 5–10% of the property price. Never pay in cash without a receipt or notarial confirmation. Use a bank transfer with a clear payment title, for example: "Zadatek do umowy przedwstępnej z dnia..." ("Deposit for the preliminary agreement dated...").Want to protect your deposit?Book a free consultation before you sign anything. We'll calculate your borrowing capacity, check the documents and choose the banks that best fit your situation.