In 30 seconds
- Do not pay a deposit before checking who is selling and what is being sold.
- Land registry and mortgage searches show ownership, mortgages and attachments.
- The price can be held by a notary until the deed, if the parties ask.
- Never wire money to an IBAN you have not verified.
Warning signs
A price far below market, pressure to hurry, refusal to show the property, a request to pay before signing: these signs should not be ignored. An advert with copied photos, or a seller who communicates only online, also calls for caution.
Is the seller really the owner?
The first check concerns identity and the chain of title: purchase deed, inheritance or gift. You must confirm that the person signing is the owner or holds a valid power of attorney.
Searches and registry checks
The cadastral search shows the registered owner and the property data. The mortgage search shows mortgages, attachments and other recorded matters. Planning and cadastral compliance should also be checked.
Offer and deposit
A deposit or earnest money signed in a hurry can create obligations and losses. Before signing an offer, have the text read, and check the conditions and the consequences of withdrawing.
The price deposit with a notary
With a price deposit, the money stays with the notary and is paid to the seller only when the required steps are complete. The parties choose the notary. Our firm notes that notary Marco Fiorentino works in a separate and independent office, and the choice is entirely the client’s.
If you have already paid
Keep receipts, messages and adverts. Contact your bank at once to see whether the payment can be stopped. Discuss a criminal complaint and civil claims with a lawyer.
Typical case
A situation that comes up often. A foreign buyer finds a seaside home online at a very low price. The seller asks for a deposit to “secure the deal” and proposes signing everything remotely. The buyer does not visit the property. A check of ownership and mortgages before paying would have shown that the registered owner was someone else.
Frequently asked questions
Can I get my deposit back?
It depends on the document signed and the circumstances. No outcome can be promised.
Is the notary deposit compulsory?
As a rule it is the parties’ choice, made on request.
Do I need a preliminary contract?
Often it is useful and can be registered in the property records.
Cosa porti alla consulenza
The advert, messages with the seller, the offer or preliminary contract, payment receipts, the property’s cadastral data, passport or ID and tax code. The first meeting is held in Italian, without an interpreter, and can take place by video call. Our firm does not deal with the law or taxes of other countries.
Read more on this site (in Italian)
- Casa, immobili e condominio
- Preliminare di compravendita e caparra confirmatoria
- Vizi dell'immobile acquistato: termini di denuncia
Studio Legale Fiorentino, Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome, Bari; consultations also remote. The first meeting is held in Italian only, with no interpreter, and can take place by video call.
Book a consultationMessage on WhatsAppCall 347 5264190
Note: content prepared with the help of artificial intelligence tools; it is not legal advice.