The Compromesso: Italian Preliminary Contract Guide

The compromesso, or preliminary sale contract (contratto preliminare di compravendita), is the point at which buying a home in Italy becomes a binding commitment. Seller and buyer undertake to sign the final deed (rogito) before a notary, at an agreed price and by an agreed date. This guide follows Italian law, which applies to every buyer whatever their nationality. One key difference for British buyers: in England you are not bound until exchange of contracts. In Italy you can be bound much earlier, sometimes from the moment your written offer is accepted.

1. From offer to compromesso
The process usually starts with a written purchase offer (proposta d'acquisto), often irrevocable for a set period (art. 1329 Italian Civil Code), with a cheque or bank transfer. When the seller accepts and the buyer learns of the acceptance, the contract is concluded (art. 1326 Civil Code). If the offer already contains all the essential terms, the accepted offer itself counts as the preliminary contract. Read it as carefully as you would the compromesso.

2. It must be written and complete
For property, the preliminary contract must be in writing or it is void (arts. 1350 and 1351 Civil Code). A notary is not required: a private agreement signed by both parties is enough. It should state at least:

• who is selling and who is buying;
• the property, with its land registry (catasto) details;
• the price, and how and when it will be paid;
• the deadline for the final deed;
• the deposit or advance payments.

It is wise to add that the home will be handed over free of mortgages and occupants, and that it complies with planning and land registry records. In Liguria this is checked with a building compliance report (relazione di regolarità edilizia, RRE), best obtained before the compromesso.

3. Caparra confirmatoria or advance payment
The caparra confirmatoria (art. 1385 Civil Code) is the deposit that protects both sides best. If the buyer fails to complete without a valid reason, the seller may keep it. If the seller pulls out, the buyer may claim double. Alternatively, the party let down can ask a court to enforce the sale (art. 2932 Civil Code) or claim damages. A plain advance (acconto) is just part of the price paid early and does not work this way. A caparra penitenziale (art. 1386) is different again: it is the price of a right to withdraw.

4. No cooling-off period
Once signed, a compromesso between private parties is binding. Italian law gives no days to change your mind: the consumer withdrawal rules expressly exclude contracts on real estate (Legislative Decree 206/2005, art. 47(1)(e)). If you do not read Italian well, have the text translated before you sign, not after.

5. Registration
The preliminary contract must be registered with the Italian Revenue Agency (Agenzia delle Entrate) within 30 days of signing (art. 13, Presidential Decree 131/1986, as amended by Decree-Law 73/2022). The costs are:

• fixed registration tax of €200;
• 0.5% of the sums paid as caparra confirmatoria or advance, where the sale is not subject to VAT;
• stamp duty of €16 per four pages.

Since 1 January 2025 advance payments are also taxed at 0.5% instead of 3%, and never more than the tax due on the final deed (note to art. 10, Tariff part I, Presidential Decree 131/1986, as amended by Legislative Decree 139/2024). What you pay is credited against the taxes due on completion. You need an Italian tax code (codice fiscale) to register. When the deal goes through an agency, the estate agent is also legally required to register it and is jointly liable with the parties (Presidential Decree 131/1986, arts. 10 and 57).

6. Recording with the notary: when it is worth it
A preliminary contract signed before a notary (notaio) can be recorded in the property registers (art. 2645-bis Civil Code). This protects the buyer if, before completion, a mortgage or seizure is registered against the property or the seller sells to someone else. Protection lasts until one year after the agreed completion date, and no more than three years from recording. It costs more, but is worth it when there is a long gap before completion or large sums are paid. Note that the Italian notary is a neutral public official, not a solicitor acting for you.
Off-plan homes: when buying a home still under construction from a developer, the preliminary contract must be made before a notary and the developer must provide a bank or insurance guarantee for the sums paid (Legislative Decree 122/2005, arts. 2 and 6).

In short
Before you sign: check the property documents, prefer a caparra confirmatoria, set a realistic completion date and consider notarial recording if needed.

We guide you to completion
Aquamarina Real Estate has assisted international buyers in Sanremo, Bordighera and across the Riviera di Ponente since 2003. We prepare the offer and the compromesso, check the property documents and work with the notary through to completion.
Email info@aquamarina.email or call +39 0184 26.16.87. Offices in Sanremo, Via Roma 32, and Bordighera, Via Vittorio Emanuele 302.

Read also: Building Compliance When Buying in Liguria · Taxes and Costs of Buying a Home in Italy · Properties for sale

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This guide is for information only and does not replace advice from a notary or lawyer.