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You should go on to to Compromesso stage only if all checks come back satisfactorily

Always seek independent legal advice and get documents translated into English! Avoid surprises like having to pay outstanding debts on your new property. This can be avoided if all checks are carried out accurately!

What is it? 

The Compromesso is a legally binding document essentially to avoid gazumping. It sets out in detail the agreement between a buyer and vendor to complete the sale of a property.

Who writes the contract?

A Public Notary.

What should it contain?

The Compromesso should at least contain the following:

  • The purchasers/vendors personal details (name, date of birth, place of birth, codice fiscale and place of residence)
  • General conditions and description of property. A description of the property includes: Land Registry data and a reference map of the plot.
  • The Title details of the property to verify vendor is legal owner
  • The total purchase price of the property with the different instalments due to be paid. Also include the circumstances in which the deposit becomes forfeitable.
  • Contractual clauses (e.g. you can make an offer on condition that planning permission will be granted)
  • Declarations and disclosures from the vendor concerning the subject property
  • If there is a mortgage on the property
  • Any restrictions in exercising the rights over the property
  • Any special conditions that are specific to the transaction
  • The completion date
  • Amount paid as deposit stating if “caparra penitenziale” or “caparra confirmatoria"

How much deposit is paid?

At the signing of the compromesso a deposit (caparra) of 10-30% is usually paid by the buyer to the seller.

The definition of the Caparra in the compromesso can have harsh consequences:

Caparra Confirmatoria

Caparra Penitenziale

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