Preliminare (Preliminary Contract)

Also known as compromesso, this is a binding agreement between seller and buyer to conclude a future sale of a property at agreed conditions. It outlines key terms: identification of the property, sale price, payment schedule, deadline for final contract (rogito), any deposit (caparra), and other clauses. The preliminare does not transfer ownership yet, but it obligates the parties to do so. It must be in writing (by law, contracts for real estate must be written) and typically a deposit or down payment is given. Often the preliminare di compravendita is done privately or with an agent, then either registered at the tax office or formalized by a notary as an atto pubblico or scrittura privata autenticata. Registration (within 20 days) is required to fix a date and pay minor taxes; transcription in Conservatoria (less common) gives extra protection by making the commitment public. If either party backs out without cause, remedies apply: the buyer may lose the deposit or the seller must return double (if caparra confirmatoria), or specific performance can be demanded in court. Usually a few months after the preliminare, the final deed is executed. It’s a crucial step where due diligence (title search, mortgage approval, etc.) happens between preliminare and rogito.