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Deposit bonds and deposits

Written by Lindel Enticott | Oct 30, 2026, 4:30:00 AM
From 1,410 Victorian contracts of sale

Planning to use a deposit bond? One in 22 contracts had already ruled it out

63 of the 1,410 Victorian contracts we reviewed had a special condition removing the deposit bond and bank guarantee options. Here's what else we found in the deposit clauses.

How the deposit can be paid
Allowed
Cash
Removed
Deposit bond
Removed
Bank guarantee
1 in 2263 of 1,410 contracts removed the deposit bond and bank guarantee options

For a lot of buyers, the deposit is the hardest part.

The money exists. It's just tied up. In a term deposit. In the house you haven't sold yet. With a lender that's still processing the loan.

That's what deposit bonds and bank guarantees are for. They stand in for the cash, so you can sign now and pay at settlement.

The standard Victorian contract lets a buyer opt in to using one. Some contracts take that option away.

What we found

FindingContractsShare
Deposit amount left blank, to be agreed
1,019
72%
Deposit due on signing
100
7%
Deposit bond and bank guarantee options removed by special condition
63
4%
Deposit due immediately, with the standard 14-day default period removed
44
3%
10% forfeited on default, even where the deposit paid is less
41
3%

Share of 1,410 Victorian contracts with a published Prepared review, 1 February to 31 August 2026. Categories overlap.

The deposit bond that isn't available

In 63 contracts, about one in 22, a special condition removed the option to pay the deposit by deposit bond or bank guarantee.

That's the seller's call to make. Some sellers want cash held in trust, and that's their right.

But if your plan depends on a bond, you need to know before you offer, not when you sit down to sign.

Find out at signing and your choices are to find the cash, renegotiate, or walk away.

Due on signing, and no grace period

In 100 contracts (7%), the deposit was due on signing rather than a few days later.

In 44 contracts (3%), a special condition went further. It made the deposit due immediately and removed the standard process that gives a buyer 14 days to fix a missed deposit payment after being notified.

Both are workable if you know.

Large transfers can take time to clear, and daily limits can stop you moving the full amount at once. Sort it out before signing day.

How much is the deposit?

In 72% of contracts, the deposit amount was blank when the contract reached us. It gets filled in when the deal is done.

Ten per cent is common. It isn't compulsory, and a smaller deposit can be negotiated.

Check the default clause before you do. 41 contracts said the seller can keep 10% of the price if the buyer defaults, even where the deposit paid was less.

Worth remembering

A smaller deposit doesn't always mean a smaller risk. Article 8 has more.

What to check

  1. 1
    Decide how you'll pay the deposit before you make an offer.

    Cash, deposit bond or bank guarantee.

  2. 2
    If it's a bond or guarantee, check the contract allows it.

    Look in the particulars and the special conditions.

  3. 3
    Check when it's due.

    On signing, or a set number of days after.

  4. 4
    Check the amount, and what happens on default.

    If the contract says 10% is forfeited and you're paying less, understand the gap.

  5. 5
    Line up the money early.

    Know your transfer limits and how long a payment takes to clear.

  6. 6
    Ask for changes before you sign.

    A later due date or a smaller deposit are normal requests.

The wider point

The deposit is often the first money that changes hands, and the first place a purchase can come unstuck.

None of these clauses are unusual. They just need to match your plan, and you want to find that out while there's still time to adjust.

Make sure the deposit clause fits your plan.

Send us your contract.

A Prepared lawyer will review your contract the same day, for free, including how the deposit can be paid and when it's due.

Based on 1,410 Victorian contracts of sale that received a published Prepared review between 1 February and 31 August 2026, across metropolitan Melbourne and weighted towards the eastern and north-eastern suburbs.
A finding is counted where a qualified reviewer confirmed it and it appeared on the published review.
The deposit-blank figure counts contracts where the amount was blank when the contract was first issued.
This analysis describes what appeared in the contracts reviewed by Prepared and should not be taken as legal advice for a particular transaction.