The Italian Notary and Price Deposit: Buying in Liguria

In Italy, a property purchase is completed with the rogito, the final deed signed before a notary (notaio). Do not picture an English solicitor or an American escrow agent: the Italian notary is a public official who acts for neither party and must make sure the deed is valid and the title passes cleanly. Italian law applies here, whatever your nationality. Since 2017, either the buyer or the seller can also ask the notary to hold the purchase price until the transfer is secure. Here is what the notary does and how the price deposit works.

Who chooses and pays the notary
Under the Italian Civil Code, the costs of the sale deed are borne by the buyer unless agreed otherwise (art. 1475). So the buyer usually chooses the notary. Fees have been freely set since 2012: ask for a written quote, which the notary must provide with expenses included (Law 124/2017, art. 1(150)).

What the notary checks before completion
The Italian notarial law (Law 89/1913, art. 28) forbids notaries from drawing up deeds that breach the law. In practice, before you sign, the notary:

• checks that the seller really owns the property, tracing back the chain of title;
• searches the property registers for mortgages, seizures and other charges;
• states the planning details of the property in the deed (art. 46, Presidential Decree 380/2001; for buildings started before 17 March 1985, art. 40, Law 47/1985);
• has the seller declare that the property matches the land registry (catasto) data and floor plan; without this the deed is void (art. 29(1-bis), Law 52/1985);
• records in the deed how the price was paid and whether an estate agent was involved (art. 35(22), Decree-Law 223/2006), and carries out anti-money-laundering checks (Legislative Decree 231/2007).

Note: the notary checks the paperwork, not the physical property. That is why in Liguria we recommend a building compliance report before the preliminary contract (compromesso).

The gap between signing and registration
After the deed, the notary registers it and records it in the public property registers. Only once recorded is your purchase enforceable against everyone. The gap is short, but in that window a mortgage or seizure could be registered against the seller. If you have already paid, getting your money back can be hard.

How the price deposit works
Law 147/2013 (art. 1(63)-(67)), amended by Law 124/2017, requires the notary to place the price on a dedicated bank account if at least one party asks. One party is enough: buyer or seller.

• At completion the buyer hands the price (or balance) to the notary, usually by banker's draft or bank transfer. If you are paying from abroad, arrange the transfer to an Italian account well in advance.
• Money on the dedicated account is kept separate from the notary's own assets: it is not part of the notary's estate and cannot be seized by the notary's creditors or the seller's.
• After registration, the notary checks that no new charges against the seller have appeared and then pays the seller “without delay”, usually within a few working days.
• Interest on the account goes neither to the parties nor to the notary: by law it funds subsidised credit for small businesses.

The deposit can also be tied to a specific event, such as the cancellation of the seller's mortgage: the notary releases the money once it is proven.

Language: you must understand what you sign
If you do not speak Italian, Italian notarial law requires the deed to be explained to you through an interpreter or drawn up with a translation (Law 89/1913, arts. 54-55). Ask your notary early how this will be arranged.

Is it worth it?
For buyers it is real protection, especially if the seller has debts or a mortgage to pay off, or the sale is complex. For sellers the main cost is time: they are paid a few days after completion. The fee for the deposit is not set by law, so ask for it in the quote. The best moment to agree on it is the compromesso.

We plan it with you before completion
Aquamarina Real Estate has helped international buyers in Sanremo, Bordighera and across the Riviera di Ponente since 2003. We prepare the property documents with you, coordinate timing and payment with the notary and stay with you until you get the keys.
Call +39 0184 26.16.87, email info@aquamarina.email or visit our offices in Sanremo, Via Roma 32, and Bordighera, Via Vittorio Emanuele 302.

Read also: The Compromesso: Signing a Preliminary Contract in Italy · Taxes and Costs of Buying Property in Italy · Italian Notary Liability: the New 15-Year Limit

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