Zadatek and zaliczka when buying real estate in Poland – what’s the difference and what buyers need to know

At buying real estate in Poland a preliminary agreement is almost always used - umowa przedwstępna, in which the buyer makes an advance payment. Two concepts are most common: deposit (deposit) и advance payment.

Many buyers, especially foreigners, confuse these terms, thinking they are the same. In practice, the difference between zadatek and zaliczka in Poland It's huge - it determines whether you'll be able to get your money back if the deal falls through.

In this article we will discuss:

• What is zadatek and zaliczka in buying an apartment or house in Poland;
• What is the legal difference between them;
• What is the best choice for a buyer?;
• What risks need to be taken into account;
• How to correctly write down the terms in a contract;
• Practical recommendations from a realtor.

What is zadatek in Poland?

Zadatek - this is a deposit that is transferred upon signing a preliminary contract for the purchase and sale of real estate (umowa przedwstępna sprzedaży nieruchomości). Its rules are enshrined in the Civil Code of Poland (Codes of Civil Codes).

Zadatek performs two main functions:

• confirms the seriousness of the intentions of the parties;
• financially guarantees the execution of the transaction.

How does zadatek work?

If the transaction is successfully completed, the zadatek is included in the price of the property.

If the deal does not take place:

• due to the buyer's fault — the deposit remains with the seller;
• due to the seller's fault — the seller is obliged to return the deposit in double amount;
• for reasons beyond the control of the parties — the deposit is returned to the buyer.

Example

The buyer paid 40,000 zł for an apartment in Gdańsk.
If the buyer refuses without a valid reason, the money is lost.
If the seller changes his mind, he is obliged to return 80,000 zł.

Therefore, zadatek is a tool with high financial responsibility.

What is a zaliczka in Poland?

Zaliczka — this is an advance payment that is included in the price of the property, but is not a means of securing the transaction.

From a legal perspective, zaliczka is simply a part of the payment without any penalty consequences.

How does zaliczka work?

If the deal does not take place:

• Regardless of the reason, the zaliczka is returned to the buyer in full.

No deductions, penalties or double payments.

Example

The buyer paid zaliczka 40,000 zł.
The deal fell through – the seller returns exactly 40,000 zł.

What is the difference between zadatek and zaliczka

Criterion	Zadatek	Zaliczka
Financial responsibility	High	Absent
Risk for the buyer	Loss of deposit	The money is being returned
Risk for the seller	Double refund	Return without penalties
Motivation of the parties	Very high	Average
Regulation by law	Straight to the Codes of Civil Code	General norms

The main difference: zadatek protects the transaction financially, zaliczka does not.

What's the best choice when buying real estate in Poland – recommendations for buyers

In practice, the choice is between zadatek i zaliczka pri buying an apartment in Poland should depend on your confidence in the deal and the source of funding.

My recommendations as a realtor

If you confident in purchasing And:

• finance the transaction entirely from your own funds,
  or
• at 100% you are confident that you will get a mortgage loan,

👉 You can choose with confidence zadatek. It fixes the object, the price and disciplines both parties.

However, my practical advice is:
if you are you unsure about choosing an apartment?,
or your situation with financing not yet fully determined,
better to choose zaliczka.

In this case, if the bank refuses mortgage or if circumstances change, you will be able to get your money back without financial losses.

If the seller insists on only zadatek

There is a situation when:

• the only uncertainty is whether you will get a mortgage;
• The seller categorically demands a deposit.

In this case, be sure to include in the preliminary agreement a clause that:

The zadatek is subject to return to the buyer in the event of a loan refusal, upon provision of, for example, 2-3 official refusals from banks.

This condition truly protects the buyer and reduces the risk of losing a large sum of money.

⚠️ It is very important that this point is clearly stated in the contract and not discussed verbally.

What you should definitely pay attention to in the contract

At buying real estate in Poland It is necessary to carefully check the preliminary agreement.

The following must be specified:

• the exact wording: zadatek or zaliczka;
• advance payment amount;
• terms and conditions of return;
• deadlines for signing the main notarial agreement;
• responsibility of the parties;
• method of transferring money;
• conditions associated with obtaining a mortgage.

If the wording in the contract is unclear, the court may recognize the payment as zaliczka, even if the parties intended zadatek.

Common mistakes made by property buyers in Poland

1. ❌ They confuse zadatek and zaliczka.
2. ❌ They deposit money without a clear agreement.
3. ❌ They do not take into account the risk of mortgage denial.
4. ❌ They sign template contracts without adaptation.
5. ❌ They do not consult with professionals.

FAQ – Frequently Asked Questions

Is it possible to return the loan if the bank refuses?
Yes, if this is expressly stated in the preliminary agreement.

What is more commonly used in Poland when buying an apartment?
Most transactions use zadatek.

What is the zadatek size in Poland?
Typically 5–10% of the property value, but the amount is agreed upon individually.

Is it possible to replace zadatek with zaliczka?
Yes, by agreement of the parties.

Why is it important to work with a professional real estate agent in Poland?

Buying real estate in Poland — it's not just about choosing an apartment, but also about ensuring the legal security of the transaction, the correct contract structure, and the protection of your money.

Experienced realtor:

• will check the object's documents;
• will help to correctly formalize umowa przedwstępna;
• will protect your interests during negotiations with the seller;
• will suggest the best option: zadatek or zaliczka;
• will reduce financial risks.

📞 Need help buying real estate in Poland?

If you are planning to buy an apartment or house in Poland and want to conduct the transaction safely, contact me.

I will help:
✅ select real estate to suit your budget;
✅ check the legal purity of the property;
✅ draw up the contract correctly;
✅ safely agree on zadatek or zaliczka;
✅ accompany the transaction to the notary and the handover of the keys.

👉 Submit a request on our website or contact us now – the consultation is free.