Who wrote the contract
Almost never you. It usually arrives from the seller, the developer or the agency, already filled in, with a request to sign because there are other interested buyers.
There is nothing improper in that. It simply means every clause in it was considered from the other side’s point of view, not yours.
The contract can be changed. People rarely know this and almost never ask.
What decides the fate of the deposit
Not the word “deposit” itself, but what is written around it.
What gets checked is how the sum is characterised and what follows if the sale does not go ahead through the fault of each party. The conditions on which it is returned and on which it is kept. Whether it is tied to a deadline, and what happens if that deadline is missed for a reason outside your control, a bank delay for example.
Two transactions with identical deposits can end very differently purely because of the wording.
The other clauses that matter
What exactly is being sold. The cadastral identifier, the area, what comes with it, the cellar, the parking space. If the contract describes the property carelessly, discrepancies appear at the notary.
In what condition. What stays in the property and what is taken away. Who pays the outstanding charges as at the date of sale, including fees and taxes.
When and on what terms. The deadline for the notarial deed, what happens on delay, and who bears the costs.
What happens if the check reveals a charge. This is the clause most often missing, and the only one that protects you.
This is why the check comes before the deposit
If you have paid and a mortgage, an attachment or an heir who was not party to the sale then surfaces, your choice is between a bad property and lost money.
If the check comes first, your choice is simply not to sign. See property due diligence.
If you are abroad
The contract can be reviewed and commented on remotely, and signing can be handled through a power of attorney. You do not need to travel in order not to sign something bad.
What I will need
The draft contract, the seller’s title document, the listing, and everything you were promised verbally that is not in the text. The last one matters precisely because it is not in the text.
If you have already paid a deposit, call anyway. Earlier is better than later.
This page provides general information and does not constitute legal advice on any specific case. Rights and deadlines depend on the facts and the applicable law.