Buying property in Italy: what to check before signing an offer
You have found a house in Italy. The agent sends a purchase proposal and asks for a payment to secure it. Before signing, establish what will bind you, which checks are still outstanding and what happens to your money if the purchase cannot proceed.
Avv. Luca Valente · 14 October 2026
English · Deutsch
A purchase proposal may already commit you
A proposta d’acquisto is not necessarily a non-binding expression of interest. Depending on its terms, your offer may be irrevocable for a stated period. Once accepted and the acceptance is communicated, it may form a binding preliminary contract. Establish when your commitment becomes binding before signing the proposal.
The Italian Revenue Agency's home-buying guidance recognises that an accepted proposal can conclude a preliminary agreement where it contains the necessary terms. The name printed at the top of the form is not enough to determine its effect.
- Purchase proposalProposta d’acquisto
- The buyer's offer. Check its validity period, irrevocability, acceptance mechanism and conditions.
- Preliminary contractContratto preliminare / compromesso
- An agreement to enter into the final sale on defined terms. An accepted proposal may already perform this role.
- Final deedRogito
- The final sale stage before the notary. Earlier obligations and payments need to be reconciled with the deed.
Identify the property and the unanswered questions
Start a document file before agreeing to a short timetable. Ask what is available, what remains to be obtained and who will verify it. A listing and a video viewing are useful starting points, but they do not establish the legal or technical position.
- Seller and authorityVenditore / titolo di provenienza
- The seller's identity, ownership deed and authority of anyone signing for an owner. Identify co-owners or other relevant rights.
- Property identificationDati catastali / planimetria
- Cadastral identifiers and plans, together with a precise description of the home, storage areas, parking and land included.
- Building historyTitoli edilizi / interventi
- Available permissions, later works and supporting technical records for comparison with the actual property.
- Occupation and building expensesOccupazione / condominio
- Any tenancy or other occupation, expected vacant possession, condominium information and known major works.
- Energy informationAttestato di prestazione energetica — APE
- The energy certificate and any supporting information relevant to the proposed transaction.
The National Council of Notaries publishes a real-estate document checklist. The documents needed for your transaction may be wider, particularly for inherited property, a company seller, building work or land.
Does a matching cadastral plan prove everything is lawful?
No. Cadastral information and planning or building compliance address different questions. Arrange an appropriate technical assessment of the property and its records; do not treat a plan matching the rooms as proof that every alteration was authorised.
The Notariato's guidance on property certification and compliance explains the relevance of the building's legal status. An energy certificate is not a substitute for those checks either.
Put essential conditions into the agreement
List the things that must be established before you are willing or able to buy. They might include mortgage approval, specified document checks, resolution of a discrepancy or delivery without an occupier. Then have the wording, deadlines and consequences addressed in the actual agreement.
- RequirementWhat must happen?
Identify the precise event or result, rather than saying only “subject to checks”.
- Evidence and timingWho confirms it, and when?
Define the information, date and notification steps needed.
- ConsequenceWhat if it does not happen?
Address the commitment and treatment of any money already paid.
Example: the purchase depends on a mortgage
Illustrative example. A buyer has an encouraging conversation with a bank but no final approval. The proposal contains a fixed completion date and no financing condition.
A refusal of finance may leave the buyer bound and the payment at risk. Have any financing condition drafted and agreed before signing, including the relevant amount, deadline and evidence. A verbal assurance that “the bank should approve it” is not the same as agreed contractual protection.
Unresolved issues need an agreed solution, not an expectation that someone will fix them before the deed. If the seller promises remedial work or delivery of missing records, clarify responsibility, timing and what happens if the promise is not fulfilled.
Find out what the payment is and who controls it
Before transferring money or handing over a cheque, establish the recipient, purpose, release conditions and written basis for any refund. Keep the payment record and the version of the agreement it relates to. Confirm payment instructions through a reliable channel, especially if bank details change during email correspondence.
Article 1385 of the Civil Code governs the caparra confirmatoria and provides remedies linked to non-performance. Whether those remedies apply depends on the agreement and events; simply changing your mind is not a general right to recover the money.
Ask separately when agency commission becomes due and what the agency agreement says about conditions or an unsuccessful transaction. Commission may become payable before the final deed; identify the contractual trigger and payment date.
Property lawyer, notary and surveyor: who checks what?
The notary is an independent public official, not the personal representative of one side. Involve the chosen notary early enough to identify legal issues before commitments are made. The Notariato's English guide to purchasing property in Italy (PDF) explains this role and recommends early involvement.
For legal advice on buying property in Italy, a real estate lawyer instructed by you can review the proposed obligations and your position within the agreed scope. A suitably qualified technical professional can inspect the property and examine planning, building and cadastral matters. These roles should be coordinated; none should be assumed to cover every other professional's work.
The Notariato's explanation of technical compliance reports describes why technical expertise matters. Ask who will obtain the records, inspect the property and report outstanding issues, and agree the cost of each task.
Allow time for the practicalities of buying from abroad
Confirm identity and tax-code requirements, any acquisition conditions relevant to your citizenship or residence, and how you will sign. If you need a power of attorney for the purchase, have its scope and the required foreign-document formalities checked before arranging execution.
Request a translation or explanation you can understand before approving the terms. A bilingual draft still needs to identify how the language versions are treated. Do not rely on an informal summary when the signed text contains additional obligations.
For an initial enquiry, use the contact form with the property's location, the stage reached, whether anything has been signed or paid, and any proposed deadline. Describe the documents available; wait for instructions before sending confidential material. Any paid review is quoted before work begins.
Enquire before signing a property offer ↗General information for a proposed purchase, not a review of a particular property or contract. An enquiry does not create an engagement or acceptance of responsibility for a deadline.