Preliminary contract
The commitment goes down in black and white
The preliminary contract (compromesso) is the contract in which you commit to buy and the seller commits to sell, at a set price and on a set date. The deposit (caparra) binds you: if you pull out you lose it; if the seller pulls out, they pay you back double.
How long: Signed 1–4 weeks after acceptance; completion usually 2–4 months later
How it works
1. The wording
Price, deposit, completion date, home free of people, belongings, mortgages and outstanding issues, compliance guaranteed by the seller, mortgage clause.
2. The deposit
By cheque or traceable bank transfer, made out to the seller.
3. Registration and transcription
Registration is compulsory. Transcription by the notary protects your deposit from later mortgages or seizures.
4. The notary
Ask for two or three written quotes for the purchase deed and the mortgage deed.
What it costs
- Deposit (caparra confirmatoria): often 10–20% of the price (deducted from the price)
- Registering the preliminary contract: €200 + 0.5% of the deposit (deductible at completion)
- Transcription by the notary (recommended if completion is a long way off): around €1,000–2,000
- Agency fee: often 2–4% + VAT, sometimes already at this stage
Who does what
- Notary: you choose them: they can draw up and transcribe the preliminary contract
- Agency: often prepares the preliminary contract and registers it within 30 days
- Bank: the real mortgage application starts once the preliminary contract is signed
Watch out for
- A “penitential” deposit (caparra penitenziale) instead of a “confirmatory” one: the rules are different, so get them explained.
- Completion dates too tight for the mortgage: the bank usually needs 30–60 days from the application.
- A company as the seller: you need a guarantee on the advance payments and a ten-year building insurance policy (new homes or under construction).
General guidance, updated on 13 October 2026: for important decisions, talk to the bank, a notary or a surveyor.