In Italy a house is usually bought in two steps: a written preliminary contract (compromesso), often with a deposit, and the final deed before a notary (rogito). The preliminary contract already binds both parties: it must be in writing and it can be registered in the land registers to protect the buyer. Checks on title, mortgages and planning compliance should be made before signing it, not after.
From the firm’s practice
In property matters the firm is often asked to step in after the preliminary contract has been signed, when a problem with the building or the seller’s title has already emerged. Reviewing the draft preliminary contract and the property documents before signature is the step that prevents most disputes.
In 30 seconds
The preliminary contract for a property must be in writing, otherwise it is void. A sum paid at signature can be a simple advance on the price or a confirmatory deposit, with very different effects if the deal falls through. If the seller refuses to sign the final deed, the buyer can ask the court for a judgment that transfers ownership. Defects found after the purchase must be reported within eight days of discovery.
Legal references
What is the preliminary contract?
With the preliminary contract the seller and the buyer undertake to sign the final sale on terms already fixed: price, timing, conditions. For property it must be made in writing, otherwise it is void (art. 1351 Civil Code).
If drawn up or authenticated by a notary, it can be registered in the land registers (art. 2645-bis Civil Code). Registration protects the buyer against mortgages, attachments or sales to others recorded afterwards, and is worth considering when months pass between the preliminary contract and the final deed.
Deposit or advance payment: what is the difference?
The contract should state clearly which of the two it is. Unclear wording is a frequent source of disputes.
Facing a similar situation? You can send your documents to the firm for an assessment, also from abroad.
Request a consultationWhat happens if one party backs out?
With a confirmatory deposit, the party who performed can:
If the seller refuses to sign the deed, the buyer can ask the court for a judgment that produces the effects of the contract and transfers ownership, provided the buyer pays or offers the rest of the price (art. 2932 Civil Code). Before going to court on real property rights, mediation must be attempted (art. 5 Legislative Decree 28/2010).
Which checks should be made before signing?
Property received as a gift
Since 18 December 2025, after Law no. 182/2025, a buyer of property that the seller received as a gift is no longer exposed to restitution claims by the donor’s forced heirs, who can only claim money from the donee. For successions opened earlier, transitional rules apply, so the notary’s searches remain important.
What if I discover defects after buying?
The seller guarantees that the property is free from defects that make it unfit for use or appreciably reduce its value (art. 1490 Civil Code). The buyer can ask for termination of the contract or a reduction of the price (art. 1492). Time limits are short: the defect must be reported to the seller within eight days of discovery, and the claim brought within one year of delivery (art. 1495).
Frequently asked questions
QIs a preliminary contract signed without a notary valid?
AYes, if it is in writing. To be registered in the land registers, however, it must be drawn up or authenticated by a notary.
QCan I get my deposit back if I change my mind?
AGenerally not. With a confirmatory deposit, a buyer who withdraws without a valid reason can lose it. An advance payment, by contrast, is returned if the sale does not take place.
QThe seller will not sign the final deed. What can I do?
AYou can withdraw and claim double the deposit, or ask the court for a judgment that transfers ownership against payment of the balance of the price, after attempting mediation.
QDo I need to be in Italy to sign?
ANot necessarily. Both the preliminary contract and the final deed can be signed by a representative with a power of attorney given before a notary or an Italian consulate.
Related guides
In short
In Italy the preliminary contract fixes the deal and must be in writing. Make the checks on title, mortgages and compliance before signing it, state clearly whether the sum paid is a deposit or an advance, and consider registering it when the final deed is far off. Defects must be reported within eight days of discovery.
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You do not need to travel to Italy: consultations also take place remotely, with documents sent online, by phone, WhatsApp or video call. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace a certified translation. In-person meetings by appointment in Naples, Rome and Bari.
Official sources
- Italian Civil Code, art. 1351 (Normattiva)
- Italian Civil Code, art. 1385 (Normattiva)
- Italian Civil Code, art. 1490 (Normattiva)
- Italian Civil Code, art. 1495 (Normattiva)
- Italian Civil Code, art. 2645-bis (Normattiva)
- Italian Civil Code, art. 2932 (Normattiva)
- Law no. 182 of 2 December 2025 (Normattiva)
- Legislative Decree 28/2010, art. 5 – mediation (Normattiva)
Information updated on October 5, 2026. This is general information, not legal advice.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 5, 2026.