In 30 seconds
In Italy the agent’s commission is usually due when the deal is concluded through their work, and it can be claimed from both parties. Before you sign a brokerage form, check who the agent is, what you owe and when, and never pay a deposit to an agent’s personal account.
Agents are often the first contact for foreign buyers and sellers: they speak English, organize viewings and may suggest professionals. But the agent works for a commission and is not your lawyer. Most disputes come from forms signed too quickly and payments made to the wrong person.
What the agent does and does not do
The agent puts the parties in touch and is entitled to a commission when the deal is concluded as a result of their work. The agent does not check the legal title for you and does not replace the notary or a lawyer.
Before you sign anything
- Ask for the agent’s registration and identity and check them with the competent register.
- Read the proposal form: it may bind you for a period and set a commission even if you later deal directly with the seller.
- Ask who pays the commission, how much and when.
- Do not leave a large deposit with the agent; payments should go through the notary or to the party under a written agreement.
Typical case
A problem that happens often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A buyer from Washington signs an offer form for a villa on the Amalfi Coast and pays a large deposit to the agent’s account. The seller then withdraws and the agent says the deposit is “held”. The buyer has no written agreement on who must return the money and when. A written agreement and a deposit under the preliminary contract, with the notary’s involvement, are safer.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Book a consultationExclusive mandates and sellers
If you are selling, check whether you are giving an exclusive mandate, how long it lasts, what the penalties are, and whether you can sell directly. See our guide to selling from the United States.
If there is a dispute
Keep the forms, messages and receipts. A lawyer can read the documents and say whether a commission is due. For the preliminary contract and the deposit, see our guide.
Frequently asked questions
Do I pay the agent if I buy directly from the seller later?
It depends on what you signed. Read the form and ask a lawyer.
Can the agent be my lawyer?
No. The agent has an interest in the deal. A lawyer acts only for you.
Is the commission fixed by law?
Not as a fixed amount: it depends on the agreement and local practice.
Should I pay a deposit to the agent?
Prefer a written agreement and payment through the preliminary contract. Avoid paying to personal accounts.
Related guides
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. 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 an interpreter or a certified translation. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
- Italian Civil Code, art. 1754 (Normattiva)
- Italian Civil Code, art. 1755 (Normattiva)
- U.S. Embassy & Consulates in Italy: legal assistance
- U.S. Embassy & Consulates in Italy: American Citizen Services
- U.S. Embassy & Consulates in Italy: contact
- U.S. Department of State: Italy country information
- Italian Ministry of Foreign Affairs: consular services and visas
Information updated on October 10, 2026. This is general information, not legal advice. The firm does not advise on United States law or taxes.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 10, 2026.