A preliminary sale agreement, often called a compromesso, commits seller and buyer to conclude the definitive sale, or notarial deed, later. It does not immediately transfer ownership, but creates binding obligations under Articles 1351 onwards of the Italian Civil Code.
To be valid and protect both parties, it must identify the seller and buyer clearly, including personal details, and describe the property precisely: cadastral references, address, ancillary units such as garages or cellars and any other identifying information.
The price must be specified or objectively determinable. Payment arrangements, any contractual deposit or advance payment and the balance-payment deadlines must also be stated.
Specify the date by which the parties undertake to sign the notarial deed. This defines the timetable clearly and helps prevent disputes.
The seller’s declarations are often underestimated. The agreement should address title history, the presence or absence of mortgages, attachments, restrictions and other encumbrances, and, where possible, cadastral and planning conformity. These details make negotiations more transparent and protect both parties.
The agreement must be in writing. Article 1351 requires a preliminary agreement to take the same form as the definitive contract; written form is essential to validity.
A well-drafted preliminary agreement is an important legal instrument regulating the future sale. Prepare it carefully, with qualified assistance where necessary, to prevent disputes and provide greater security for buyer and seller.