Purchase proposal (proposta d'acquisto): what you sign and what you risk
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What a purchase proposal is in plain wordsWhat you actually sign: the clauses to readHow much you pay upfront: deposit or advance paymentThe most serious risk: signing before checkingRegistration and transcription: when it is neededHow you get from the proposal to the notarial deedIn practiceFrequently asked questionsSourcesWith the purchase proposal (proposta d'acquisto) you make the seller a written offer for the home: you state the price, the timings and the conditions. If the seller accepts it, the proposal becomes a contract and you are obliged to buy. For this reason it must be read line by line before you sign it.
How much you pay upfront, as a deposit (caparra) or as an advance payment (acconto), decides what you lose if something goes wrong. It is not a gesture of goodwill: it is a sum with a precise effect on the contract.
What a purchase proposal is in plain words
The proposal is your offer to the seller, written on a form or in a text prepared by the agency or a professional. It states what you want to buy, at what price, with what timings and under what conditions.
The contract is concluded when the seller accepts your proposal and the acceptance reaches you (art. 1326 of the Civil Code). From that moment you are no longer just a possible buyer: you have taken on a commitment.
If the proposal states a deadline by which the seller must reply, the proposal is generally irrevocable until that date (art. 1329 of the Civil Code). You cannot withdraw it at will during that period.
What you actually sign: the clauses to read
Before signing, check at least these points:
- The price offered, written in figures and in words, and what it includes (furnishings, garage, cellar).
- The deadline by which the seller must accept.
- The date planned for the notarial deed (rogito) with the notary, that is the final act by which the home passes into ownership.
- The suspensive conditions: for example the mortgage, if you need one. Read what happens if the bank says no and who returns the sum paid.
- The condition of the property and the documents the seller must hand over.
- Who pays what: notary fees, the agent's commission, any outstanding condominium charges.
If a clause is not clear, ask for a written explanation before signing. A vague text today can cost you dearly tomorrow.
How much you pay upfront: deposit or advance payment
The advance payment (acconto) is an advance on the price. If the contract is not concluded, it is generally returned to you, except for any damages. You can read how it works in the guide on advance payment or deposit, and what changes if the sale falls through.
The confirmatory deposit (caparra confirmatoria) is different, because it follows a precise rule (art. 1385 of the Civil Code):
- if the party who gave it does not honour the contract, the other party may withdraw and keep it;
- if the party who received it does not honour the contract, the other party may withdraw and demand double the amount.
Example: a deposit of €10,000. If you back out, the seller keeps the €10,000. If he backs out, he must return €20,000 to you. Alternatively, you can ask for the contract to be carried out or terminated with compensation for damages. For the details on the difference with the penalty deposit (caparra penitenziale), read confirmatory deposit and penalty deposit: the differences.
The most serious risk: signing before checking
The main risk is not the sum itself, but signing in a hurry. A signed and accepted proposal can oblige you to buy even if in the meantime you discover a problem.
Before signing, ask to see the land registry extract (visura catastale) and the documents the seller can provide. Check that the home is registered in the name of the person selling it to you and that there are no seizures or mortgages that have not been explained to you. For the list of documents, read documents for buying a home: the complete list.
If the proposal is left pending and negotiations become complicated, ask the professional assisting you to tell you in writing what happens in each case.
Registration and transcription: when it is needed
The proposal and the preliminary contract (compromesso) are two different documents. The preliminary contract, that is the contract by which the parties commit to sign the notarial deed (rogito), must be registered within 30 days. The cost also depends on the sums paid, usually as a percentage of the deposit: the exact figure is worked out by the notary or the competent office.
To understand what happens after signing, read registering the preliminary contract: costs and timings and preliminary contract (compromesso): what it is and what it must contain.
How you get from the proposal to the notarial deed
The normal sequence is this:
- You make the proposal with price, deadline and conditions.
- The seller accepts or countersigns with changes.
- If the agreement is closed, the preliminary contract is signed and the deposit or advance payment is paid.
- The notary checks the documents and prepares the notarial deed.
- At the notarial deed the balance is paid and the home passes into ownership.
For the whole process, read buying a home: all the steps from search to notarial deed.
In practice
- Read the proposal line by line and ask for a written explanation of every clause you do not understand.
- Check the deadline for accepting: after that date the proposal may no longer be valid.
- If you need a mortgage, write the condition in the proposal, together with the date by which the bank must reply.
- Before paying the deposit, ask what happens if you withdraw and if the seller withdraws.
- Do not sign anything of which you do not have a complete copy.
Frequently asked questions
Can I withdraw the proposal before the seller replies?
If the proposal states a deadline for the reply, you generally cannot withdraw it before that deadline. Without a deadline the situation may be different, so ask the professional assisting you to read the text with you.
If I lose the deposit, can the seller ask for more?
The confirmatory deposit allows the other party to withdraw and keep it. Alternatively, it can ask for the contract to be carried out or terminated with compensation for damages. The detail depends on the signed text.
Do I need to have the mortgage already to sign the proposal?
Not always. However, if the payment depends on the mortgage, write it in the proposal with a precise date by which the bank must reply. This way you avoid being bound without a way out.
Sources
In the same chapter
- Confirmatory deposit (caparra confirmatoria) and penitential deposit (caparra penitenziale): the differencesWith a confirmatory deposit, if you back out you lose the deposit; if the person who received it backs out, they return it doubled. Here are the differences, with examples.
- Who chooses the notary, who pays for themAs a rule, the buyer chooses and pays the notary, that is, the fee and the taxes: how to read the quote.
- Buying a home: every step from search to the notarial deed (rogito)From the viewing to signing at the notary: the six steps to buy a home, with documents, sums to pay and checks before you sign.
- Preliminary contract (compromesso): what it is and what it must containThe preliminary contract (compromesso) is the agreement through which you commit to buying a home. I explain what it is, what it must contain and how much you risk if the sale falls through.
- Right of habitation (diritto di abitazione): what it isThe right of habitation lets you live in someone else's home only with your family: it cannot be sold or rented out. Here is how it works.
- Pre-emption right: when it exists and how it worksPre-emption (prelazione) is the priority that gives you the right to buy first, at the same price and conditions: when it exists and how it works.
General information, not legal or tax advice: the law and the notice of sale prevail.
