The binding moment in an Italian purchase arrives well before the notary: it is the preliminary contract (compromesso), where the deal becomes legally fixed, the first substantial payment changes hands, and the terms that govern the whole sale are set. Buyers from the UK or the United States tend to picture the notary appointment as the decision point, the way completion works at home. By that stage in Italy, the commitment is already months old.
The purchase runs in three stages: the offer (proposta d’acquisto), the preliminary contract (compromesso), and the deed (rogito). The compromesso sits in the middle and carries the weight.
What the compromesso is
The compromesso is a binding preliminary contract. Both parties commit to completing the sale on the agreed terms. It does not transfer ownership (that happens only at the deed), but it locks the agreement so that a party who walks away without cause answers for it.
The contract sets everything that will apply at the rogito: price, payment schedule, handover date, included fixtures, the condition of the property, and any works agreed before handover. What is not written here is hard to insist on later. The period from compromesso to deed is typically two to three months; without mortgage financing it can be shorter.
The offer that comes first: the proposta d’acquisto
Before the compromesso there is usually the offer, the proposta d’acquisto: a written, binding offer setting price, terms and any protective conditions, generally accompanied by a smaller deposit of 1 to 3 per cent. If the seller accepts it within the stated deadline, the buyer is committed, and the proposta often converts directly into the preliminary contract.
This is the step where buyers used to a non-binding offer process need to slow down. An accepted proposta is already a contract, not an expression of interest. Protective conditions (a financing clause, an outstanding check) have to be included in the proposta. Adding them to the compromesso later is considerably harder. Financing as a non-resident is its own subject, covered in the mortgage article.
What the caparra does for both sides
The deposit that comes with the compromesso is the caparra confirmatoria. Around 10 per cent of the price is typical, and its mechanism is symmetrical: if the buyer withdraws without cause, the seller keeps the caparra; if the seller withdraws, they return it doubled. On a purchase of 1.2 million euros with a deposit of 10 per cent, that is 120,000 euros — the figure that makes the contract hold for both sides. Read as protection rather than penalty, the caparra is the buyer’s best assurance that an accepted seller stays accepted.
Caparra or acconto: one word changes the rules
There is a second kind of payment that looks identical and behaves differently: the acconto. An acconto is a plain advance on the price with no penalty attached. If the deal unwinds, it is returned and any dispute is settled under ordinary contractual rules, not the fixed caparra mechanism. The two are distinguished only by the label in the contract. A sum written as caparra confirmatoria carries the doubling rule; the same sum written as acconto does not. A buyer who misreads this has assumed a right of withdrawal that the contract does not give.
Why checks must come before the compromesso
Due diligence belongs entirely before the compromesso, because the signature is the point of no easy return. Once both parties have signed, the terms are fixed, and anything the checks turn up afterwards is dealt with under those terms rather than reopened.
Three areas are confirmed beforehand: who owns the property and what sits against it (mortgages, charges, rights of way); whether what stands on the land matches the permits and the land registry; and whether anyone holds a right of first refusal (prelazione). Unregistered building work is the most common reason a purchase runs into difficulty later, which is why the building check carries as much weight as the title check. A full account of what this review covers is in the due diligence article.
This is not something an agent handles alone. I coordinate the review with an independent property lawyer and the surveyor (geometra), and where the property warrants it, the notary, and bring their findings together before anything is signed. The notary checks the registry and cadastre before the deed in any case, but by then the compromesso already binds.
Private or notarised: the question of protection
The compromesso can be signed privately between the parties or notarised and registered in the land registry (trascrizione del preliminare). A private preliminary binds the two parties but does not bind the wider world: if the seller were to sell or mortgage the same property to someone else in the gap before the deed, the buyer’s recourse would be a financial claim, not the property itself.
Registering the preliminary closes that gap. It creates a dated priority entry, so any later registration by a third party ranks behind it. Notary and registration fees apply. In return the registration secures precisely the window in which a deposit has been paid but ownership has not yet transferred. On higher values and longer timelines, that protection is generally worth its cost.
Registration and tax on the preliminary
The compromesso must be registered with the Italian tax authority within 30 days of signature. A fixed stamp duty and registration tax apply, and a further registration tax is due on the deposit amount. This is not an additional burden: it is credited against the transfer tax payable at the deed, making it effectively a prepayment. Whether the buyer purchases from a private seller or a developer affects the tax treatment at the rogito; the tax guide covers this in full.
How I handle the preliminary
By the time the compromesso comes round, most of the substantive work is done: the right property found, the price grounded in comparable sales, the negotiation led. What remains is to ensure the review is complete before the binding moment and that the contract carries the right protective conditions. The lawyer or notary drafts the contract, the specialists run the checks, and I coordinate and bring it together in your language. Understanding how agent commission works in Italy is also worth doing before this stage, since the fee typically becomes payable when the compromesso is signed. The full path from search to notary is set out in the step-by-step buying guide.
Frequently asked questions
Is the compromesso binding?
Yes. Both sides commit to completing the sale on the agreed terms. A party who withdraws without cause answers for it: the buyer loses the caparra, the seller returns it doubled.
How large is the deposit?
Around 10 per cent of the purchase price is typical. On a 1 million euro purchase that is usually around 100,000 euros. The exact figure is part of the negotiation and written into the contract.
What is the difference between caparra and acconto?
The caparra confirmatoria carries the penalty rule: forfeited if the buyer withdraws, returned doubled if the seller does. The acconto is a plain advance with no penalty. The two are distinguished only by how the sum is labelled in the contract, so the wording is what to read first.
Does the preliminary have to be notarised?
No, it can be a private agreement between the parties. Notarising and registering it (trascrizione) adds protection against a sale to a third party or new charges in the period up to the deed. On higher values and longer timelines, that step is usually worth taking.
When must the property checks be done?
Before the compromesso. After signing, both sides are committed on the written terms, and later findings allow a buyer to step back only where the contract already contains the relevant protective conditions (condizioni sospensive).
Is an accepted offer (proposta d’acquisto) already binding?
Yes. Once the seller accepts within the stated deadline, the buyer is committed, and in many cases the proposta converts directly into the preliminary contract. It is not a non-binding expression of interest. Protective conditions, such as a financing clause, must be included in the proposta itself.
How long is the period from preliminary to deed?
Usually two to three months; without mortgage financing it can be shorter. Rights of first refusal, such as the agricultural prelazione, can extend the timeline by four to eight weeks.
Does the compromesso have to be registered?
Yes, within 30 days with the Italian tax authority. The registration tax on the deposit is credited against the transfer tax at the deed, so it functions as a prepayment rather than an extra cost.
Andrej Avi is a real estate agent in Tuscany who guides international buyers through the purchase of villas, farmhouses and estates. Buying guide · Current properties
Further reading: Step-by-step buying guide · Mortgage as a non-resident
As of July 2026. General information, not legal or tax advice. For property-specific guidance, contact me directly.
