For those who have to buy a property

The indications are valid also for the seller, who must have the same precautions of the buyer and demand the same guarantees of seriousness and correctness in the operation.

1. If there is an intermediary
2. If the negotiation is direct
3. The preliminary purchase contract
4. Cases in which registration in public offices is recommended

If there is an intermediary

If you contact a real estate agency, we recommend

1. After visiting the property and finding it to your liking, claim to know the condition of the property in relation to both the property header at the Conservatoria dei RR. II. (Source by deed of sale or donation, etc.), and cadastral status and regularity of administrative concession (grants, licences, other), requesting to view the relevant plans and cadastral documentation.
2. When the intermediary requests to sign the purchase offer, take into account that:
   • this proposal already represents a real compromise of sale and purchase, containing all the elements of the contract and the payment modalities;
   • there will be no further possibility of negotiation or reconsideration by the buyer;
   • it commits the buyer only irrevocably against both the seller and the agency;
   • the amount for the so-called reservation must be paid by cheque to the owner of the property and not to the real estate agent with whom you are dealing;
   • the form should be checked to ensure that there are no unfair or particularly onerous clauses for the buyer;
   • In this respect, the delivery of the form before signing to allow verification is an indication of the seriousness of the real estate agent.

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If the negotation is direct

In the case of direct negotiations between seller and buyer it is advisable to consult an expert (notary, lawyer, other competent professional or Consumer Associations), to carry out the necessary checks before signing the preliminary.
This advice also applies - and above all - to the seller, who might in good faith ignore certain constraints or particular rules that must be respected before committing to sell.

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The preliminary purchase act

After carrying out the necessary verifications and agreeding the terms of the contract with the seller, you can proceed to the conclusion of the preliminary, that, according to the law, can be transcribed at the Conservatoria dei RR. II.
The transcription makes public the preliminary contract, safeguarding the buyer from harmful consequences for detrimental transcriptions on the property (foreclosures, seizures, other), which could occur between the conclusion of the preliminary contract and that of the final contract, or for the seller’s failure. In the latter case, a privilege is granted to the buyer over other creditors in the recovery of the paid sums and the incurred expenses.

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Cases in which registration in public office is recommended

The transcription of the preliminary is therefore advisable and in any case particularly appropriate in the following cases:

• when the seller is an entrepreneur;
• when, between the conclusion of the preliminary contract and that of the final contract, renovation works must be carried out, or permits, authorizations or building amnesties, financing, etc. asked for;
• when there is a long time lapse between the preliminary and the final contracts;
• when a high deposit amount is paid.

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