Italy's preliminary property purchase contract — a binding agreement between buyer and seller that sets terms and price, with a deposit, before the final rogito deed.
The compromesso — formally the Contratto Preliminare di Compravendita — is the preliminary purchase contract in Italian real estate transactions. It is a binding agreement between buyer and seller in which both parties commit to completing the property sale on agreed terms (price, completion date, conditions) at a future rogito. The compromesso is the Italian equivalent of the UK's exchange of contracts — it creates enforceable obligations on both parties before the final notarial deed is executed.
At the compromesso stage, the buyer pays a deposit. Two types of deposit mechanism are used under Italian law. The more common is the caparra confirmatoria (confirmatory deposit), typically 10–20% of the agreed price. Under this arrangement, if the buyer defaults, they forfeit the caparra. If the seller defaults, they must return double the caparra to the buyer. The alternative is the acconto prezzo (advance payment), which is treated as a simple payment on account and carries no automatic penalty doubling mechanism.
The compromesso should be in writing and, for the best protection, registered at the Agenzia delle Entrate (this is formally required if the final deed will be signed more than 20 days after the compromesso, or if the compromesso is signed before a notaio). Registration establishes the official date of the agreement and gives it a date certain (data certa). Some Italian property lawyers and notai recommend also transcribing the compromesso at the Conservatoria dei Registri Immobiliari — this step gives the buyer's claim priority over any subsequent charges or dispositions by the seller.
Between the compromesso and the rogito, the buyer should use the interval to conduct full due diligence. This includes: commissioning a geometra (surveyor) to verify the property's compliance with planning permissions (conformità urbanistica e catastale) and identifying any unauthorised extensions (abusi edilizi); confirming the absence of any charges, mortgages, or encumbrances at the Conservatoria; verifying that the seller holds clear title; and arranging mortgage financing if required. Italian title searches can reveal irregularities that are common in older properties — allow enough time to resolve them before the rogito.
The compromesso can include conditions precedent (condizioni sospensive). Common conditions for expat buyers include: mortgage approval (in pending application), completion of a structural survey, the seller obtaining planning clearance or a condono (amnesty) for any unauthorised works, and/or the buyer obtaining their codice fiscale. Without a mortgage condition, losing your caparra if financing falls through is a real risk.
Yes. A signed written compromesso is a legally binding preliminary contract under Italian civil law. If either party defaults, the penalties under the caparra confirmatoria mechanism apply. The non-defaulting party can also seek specific performance (esecuzione in forma specifica) through the Italian courts to force the transaction to complete.
The compromesso can be a private written agreement (scrittura privata) without a notaio. However, if it is signed before a notaio, it can be transcribed at the Conservatoria, which gives the buyer's claim priority protection. For high-value purchases, using a notaio at both the compromesso and rogito stages provides maximum legal protection.
Caparra confirmatoria: if the buyer defaults, they lose it; if the seller defaults, they must return double. It is the standard deposit mechanism for Italian property purchases and serves as both commitment and penalty. Acconto prezzo: simply an advance payment on the purchase price with no automatic penalty mechanism if either party withdraws — less protective for the buyer.
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