Can I put the sale proceeds on hold if I think the seller is about to disappear with the money?
Courts can, in limited and genuinely exceptional circumstances, grant an urgent order — sometimes called a freezing order — to stop a party from moving or dissipating assets before a judgment is actually obtained. This is a significant, high-bar remedy, generally requiring strong evidence of a real, demonstrable risk the funds will disappear or be moved out of reach, not simply a general worry or distrust of the other side.
Because this kind of order typically needs to be sought urgently and the evidentiary bar is real, it calls for immediate legal advice rather than trying to arrange it yourself. Simpler, cheaper protections are also worth thinking about if there's still time before proceeds change hands — an escrow arrangement or holdback negotiated as part of the deal is the far more common way this exact risk gets managed before it ever becomes an emergency. If proceeds have already been released and you're genuinely concerned, speak to a lawyer immediately about whether urgent relief is realistically available on your specific facts.
Key takeaways
- A freezing order to hold proceeds is available only in exceptional, well-evidenced circumstances.
- Mere suspicion or distrust generally isn't enough to obtain one.
- An escrow or holdback negotiated in advance is the more common way this risk is managed.
- If proceeds are already at risk, get urgent legal advice rather than acting alone.