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In 30 seconds
- The preliminary contract binds you to the seller before the deed, meaning before the act signed in front of the notary.
- If the seller changes their mind or the house carries a mortgage, what matters is what the contract says and what the registers show.
- Check before you sign and act quickly afterwards.
What the preliminary contract is
The preliminary contract is an agreement in which seller and buyer commit to complete the sale later, in front of the notary. In Puglia it is often signed at the real estate agency, on a standard form. If you do not understand a clause, do not sign. Have an attorney read the text before you put your signature on it.
The deposit
The deposit is a sum paid at signing. The contract must state clearly what kind of deposit it is, because the consequences differ. If the word «deposit» is used loosely, disputes arise. Always pay by traceable bank transfer with a clear payment reference. Before signing, ask an attorney or the notary what happens if one of the parties does not comply with the contract.
If the seller sells to someone else
The preliminary contract alone may not be enough to stop the seller from signing with another buyer. There are tools to protect yourself, but they depend on the type of act and on the contract. Ask the notary or an attorney before signing. If the seller does not show up at the notary, you usually have to go before a judge. That is a lawsuit, with its own time and costs: it is not a shortcut.
The mortgage on the property
Before the preliminary contract, ask for a mortgage search, meaning a check of the property registers. You can find information on the Italian Revenue Agency (Agenzia delle Entrate) website. If there is a mortgage, usually a bank’s for a loan the seller took out, the contract must say how it will be cancelled. Do not accept verbal promises.
How to protect yourself from a distance
If you live abroad, you can entrust the matter to an attorney you trust. Keep an orderly file with dates, amounts and messages. Write to the seller by certified email (PEC) or registered mail, briefly and calmly. Always ask for a signed copy of every document you hand over. Do not sign new agreements out of exhaustion or for fear of losing the house.
What to do in the first 7 days
- Keep the preliminary contract, the offer, receipts and messages.
- Do not sign anything new, neither «terminations» nor receipts.
- Request an up-to-date mortgage and land registry search.
- Write by certified email or registered mail to ask for confirmation of the commitment to sell.
- Note the deadlines, such as the date of the deed.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A couple signs a preliminary contract in Polignano a Mare for an apartment and pays a deposit. Two months later the seller says someone else is offering more and asks to cancel the contract without returning anything. The preliminary contract was not recorded in the registers.
Frequently asked questions
Can I get the deposit back?
It depends on the type of deposit and on who failed to comply with the contract. The contract has to be read.
What happens if the mortgage is not cancelled?
It stays on the property even after the purchase. It must be resolved beforehand or at the time of the deed.
Learn more: Legal guides from Studio Legale Fiorentino.
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The firm sees clients by appointment in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari, and remotely throughout Italy.
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. General information only; it does not replace advice on your case. For up-to-date details, check the official websites listed in the text.
Original in Italian: https://www.studiolegalefiorentino.net/puglia-preliminare-caparra-venditore-ipoteca/
It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
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