The Safety of Your Deposit: A Crucial Consideration in Property Transactions

When it comes to property transactions, ensuring the safety and security of your deposit is paramount. Here’s why leaving your 10% deposit with your lawyer is not just a wise choice but a 100% secure one.

Why Entrust Your Deposit to Your Lawyer:

  • 1. Professional Advocacy: Your lawyer acts as your advocate in the property transaction process. Entrusting them with your deposit ensures that a professional, legally bound entity is overseeing this crucial aspect of the transaction.
  • 2. Client Account Assurance: Lawyers typically maintain a client account, a segregated fund that is strictly designated for client transactions. Your deposit is held in this account, providing an additional layer of security.

The Notary Handover:

  • 1. Secure Transaction Process: Your lawyer holds the deposit until the transaction reaches the notary. At this point, the funds are handed over to the seller as part of the property transfer process. This secure handover guarantees that your money is only released when the transaction is in its final, legally binding stages.
  • 2. Protection Against Misuse: The client account system ensures that your lawyer cannot access the deposit for personal use. This protective measure is in place until the funds are released as part of the property sale, offering you peace of mind.

Comparing Security: Lawyer vs. Seller:

  • 1. 100% Security with Your Lawyer: Leaving your deposit with your lawyer guarantees a 100% secure arrangement. The legal framework and the client account system work together to protect your funds until the transaction is completed at the notary.
  • 2. Potential Risks with the Seller: While it is not unheard of for buyers to leave deposits directly with the seller, in fact, if they have a Spanish bank account and are a Spanish resident they have the option to request it, this method comes with inherent risks. Although sellers are not supposed to utilise the deposit before the completion of the transaction, it may not provide the same level of security as the lawyer-managed process.

The Importance of Legal Oversight:

  • 1. Professional Obligations: Lawyers are bound by professional and ethical obligations. This ensures that they act in the best interests of their clients. Entrusting them with your deposit aligns with their commitment to safeguarding your financial interests throughout the transaction.
  • 2. Mitigating Risks: By keeping the deposit within the legal framework managed by your lawyer, you mitigate the risks associated with direct transactions with the seller. Legal oversight adds an extra layer of protection, reducing the likelihood of any misuse or complications.

Finalising the Deal:

  • 1. Notary Confirmation: The notary serves as the final checkpoint in the property transaction. Once the notary process is complete, your lawyer releases the deposit to the seller. This structured approach ensures a seamless and secure exchange of funds.
  • 2. Peace of Mind: Knowing that your deposit is in the hands of a legal professional provides peace of mind throughout the transaction. It allows you to focus on the exciting prospect of property ownership without the added worry about the safety of your financial commitment.


In conclusion, choosing to leave your deposit with your lawyer is a prudent and secure decision in any property transaction. The legal oversight, client account system, and professional obligations ensure that your funds are protected until the final stages of the transaction. This approach not only guarantees the security of your deposit but also reflects a commitment to a smooth and legally sound property acquisition process. So, when it comes to your deposit, rest assured that with your lawyer, it’s not just 100% safeā€”it’s 100% secure.

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