First Home Buyers: Deposit vs Deposit – Understanding the Difference

Fiona Taylor | July 20, 2026

When buying a home, the word "deposit" can be confusing because it is used in two different and distinct ways.


Your mortgage adviser/broker or bank may ask "How much deposit do you have?" when arranging finance for the purchase. At the same time, the real estate agent may ask "How much deposit will you pay?" when you're signing an Agreement for Sale and Purchase.



Although the same word is used, they are referring to two very different things.

First Home Buyers: Deposit vs Deposit – Understanding the Difference

The Bank's Deposit


When a bank or mortgage broker talks about your deposit, they are referring to the total amount of money you are contributing towards the purchase price of the property, including your savings and your KiwiSaver funds (if eligible).


This amount affects how much you need to borrow and enables them to calculate your Loan-to-Value Ratio (LVR), which is the percentage of the property's value that is being borrowed from the lender.

Some lenders may approve lending with a smaller than 20% deposit, particularly for first-home buyers, subject to the lender's lending criteria and Reserve Bank lending restrictions.


The Agreement Deposit


When a real estate agent asks about the deposit, they are referring to the deposit payable under the Agreement for Sale and Purchase.


This deposit is usually 10% of the purchase price, although the amount can be negotiated and may be lower if the vendor agrees.


The deposit is generally paid to the real estate agent's trust account once the agreement becomes unconditional (or earlier in some cases). It forms part of the purchase price, the remainder of which is paid on settlement day.


Why the Difference Matters


It is important not to assume that the deposit required under the Agreement for Sale and Purchase (the Agreement Deposit) will be available from your mortgage funds.


The Agreement Deposit must be paid either upon signing the Agreement for Sale and Purchase, or upon it becoming unconditional – in either case before settlement. Whereas mortgage funds, KiwiSaver withdrawals and some other funding sources are not available until settlement day.


Before signing an Agreement for Sale and Purchase, you must work out how the Agreement Deposit will be funded from cash already available to you. If your available cash is limited, you will need to negotiate a lower Agreement Deposit amount with the vendor.


We are happy to discuss your situation with you before you sign your Agreement for Sale and Purchase, if you are unsure about any of the above.

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Important information


This article provides general information only and does not constitute legal advice. Every situation is different, and you should obtain legal advice specific to your circumstances before making any decisions or taking action based on this information.


In accordance with our obligations under the Lawyers and Conveyancers Act 2006, Smith and Partners cannot provide legal advice until you have become a client and received our Terms & Conditions of Engagement and Information for Clients.


Please note that we require a retainer to be paid before your first meeting and cannot assist with legal aid matters.

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