When this help may be useful
- You are about to sign a purchase offer at an estate agency
- You need to sign a preliminary contract (compromesso)
- You want to check that the property is in order before the deed
- The other party is not keeping their commitments
Why the preliminary contract is the decisive moment
In Italy, an accepted purchase offer and the preliminary contract are already binding. They set the price, deposit, timing, conditions such as obtaining a mortgage, and guarantees on the condition of the property. Changing the terms afterwards is much harder. A legal review before signing is the most effective protection.
Checks before the deed
Together with technical experts when needed, I check the property's origin, the absence of mortgages and seizures, the match between the actual state and the cadastral plan, and planning compliance. This way you reach the notary without surprises and with certainty about what you are buying or selling.
The process, step by step
- Review of the purchase offer
- Drafting or checking of the preliminary contract
- Land registry and planning checks
- Assistance up to the notarial deed
Frequently asked questions
Isn't the notary enough to protect me?
The notary guarantees the legality of the final deed and is impartial between the parties. A lawyer protects only your interests, especially at the offer and preliminary contract stage, when the most important conditions are decided.
What happens to the deposit if the deal falls through?
If the party who paid the deposit defaults, the other party can keep it; if the party who received it defaults, they must return double. The exact rules depend on how the contract is written.
Is it worth registering the preliminary contract?
Registration (trascrizione) protects the buyer from mortgages, seizures or sales to third parties between the preliminary contract and the deed. It has a cost, but in many cases, for example when the timing is long, it is advisable.
The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.