Property · 2026-10-22

Buying Property in Georgia: Deposits, Mortgages and Handover

What should happen before a deposit, how a mortgage is released and what to put in the contract for an unfinished apartment.

Before paying a reservation fee

Get the actual agreement, the seller’s identity and the cadastral code. Establish whether you are buying an existing registered apartment, a share in a larger property or a contractual right to a future unit. A floor plan and a sales brochure may describe a different legal object.

The reservation agreement should say how long the property is reserved, whether the amount counts towards the price and when it must be returned. Address a title problem, refusal of bank finance, a material mismatch in the apartment and failure to sign the main agreement. A promise that the fee is refundable should be in the document you sign.

If the seller’s property is mortgaged

Agree the discharge sequence with the seller and the mortgage creditor. Obtain a current written figure and the creditor’s conditions for releasing the specific property. A seller’s promise to repay the loan later leaves the buyer relying on a further action after payment.

The contract and payment instructions should identify the amount intended for the creditor, the remaining balance, the release documents and the agreed filing sequence. The lawyer should explain what happens if release or registration does not go through. Do not assume that signing a sale contract removes an existing mortgage.

An unfinished apartment needs a delivery obligation

Identify the developer’s legal entity and the land or project to which the promised unit belongs. Put the unit number, floor, usable area, finish specification and treatment of area changes in the agreement. Parking, storage and promised communal facilities should be addressed expressly.

A completion date alone leaves questions unanswered. Define handover, essential services, the process for documenting defects, a correction period and what the buyer may do after serious delay. Discuss the permitted extensions, a final long-stop date, termination, repayment timing and any agreed penalty. A lawyer can negotiate the legal terms; an engineer should assess construction and condition.

The registered seller and the person signing may differ

A representative should have authority for this particular sale and the relevant payment arrangements. If a company is selling, establish who can sign for it. If a child owns the property, a court-consent issue arises under Article 183 of the Civil Code. Resolve it before setting a signing date.

For land, establish the registered category and the buyer’s eligibility before promising an unconditional purchase. Where the apartment is occupied, agree who must leave, when vacant possession is due and what happens if it is not delivered.

Tie the money to the agreed transaction

Under Article 183, ownership acquisition requires a written transaction and registration. The parties therefore need a clear sequence for signing, payment and the registration application. Ask what protects the buyer if an application is suspended or refused and what protects the seller if the balance is not paid.

If the price is expressed in one currency and paid in another, state the conversion method, date and responsibility for bank charges. Identify the lawful recipient and the purpose of each payment. Where a bank or a supported settlement service is involved, confirm its actual terms rather than assuming an escrow arrangement exists.

A practical example: the bank must release the unit

Suppose the offered apartment is under a project mortgage and the developer requests the entire price before signing. The unresolved issue is who will obtain the creditor’s release of your apartment and when. The transaction needs a workable release and payment arrangement, or a different risk allocation that you understand before committing funds.

At handover, compare what is delivered with the agreed specification, record defects, set any correction dates and identify when keys and access are transferred. Finish by confirming the registered ownership position and any remaining burdens. The result of the legal work should be a transaction you can complete on defined terms, rather than a folder of unexplained extracts.

Official sources

Sources checked on 22 October 2026.

Resolve the purchase terms before you pay

Send the offered apartment or land details, the seller’s draft and the proposed payment schedule. A property lawyer can turn the unresolved points into contract conditions, a mortgage-release arrangement and a clear registration and handover plan.

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