For those who are to purchase a property

The indications also apply to the seller, who must take the same precautions as the buyer and demand the same guarantees of seriousness and fairness in the transaction.

1. If there is an intermediary
2. If the negotiation is direct
3. The preliminary purchase contract
4. When transcription in public registers is recommended

If there is an intermediary
If an estate agency is used, it is advisable

1.after visiting the property and finding it to your liking, demand to know the condition of the property with regard to both the registration of ownership at the Conservatoria dei RR. II. (provenance by a deed of sale or donation, etc.), as well as the cadastral situation and regularity in terms of administrative concessions (permits, licences, etc.), asking to see the relevant plans and cadastral documentation.

2.at the time of the intermediary's request to sign the purchase proposal, take into account that

• this proposal already represents an actual sale and purchase agreement, containing all the elements of the contract and the terms of payment;
• there will be no subsequent possibility of negotiation or second thoughts for the purchaser;
• it only binds the buyer irrevocably vis-à-vis both the seller and the agency;
• the amount for the so-called reservation must be paid by cheque made payable directly to the owner of the property and not to the real estate agent with whom you are dealing;
• the form must be checked to ensure that there are no unfair or particularly onerous clauses for the purchaser; in this regard, it is an indication of the real estate agent's seriousness to hand over the form before signing it so that it can be checked.

If the negotiation is direct
In the case of direct negotiation between seller and purchaser it is advisable to consult an expert (notary, lawyer, other competent professional or Consumer Associations) in order to carry out the necessary checks before signing the preliminary agreement.
This indication also - and especially - applies to the seller, who may in good faith ignore certain constraints or particular rules that must be observed before committing to sell.

The preliminary purchase contract
Once the necessary verifications have been carried out and the terms of the contract have been agreed with the seller, the preliminary contract is stipulated, which by law can be transcribed at the Conservatory of RR. II.
The transcription makes the preliminary contract public, safeguarding the purchaser from the harmful consequences of prejudicial transcriptions on the property (distraints, seizures, etc.), which may occur between the stipulation of the preliminary and that of the final contract, or due to the seller's bankruptcy. In the latter hypothesis a privilege is provided for the purchaser with respect to other creditors in the recovery of the sums paid and expenses incurred.

When transcription in public registers is advisable
Transcription of the preliminary contract is therefore advisable and in any case particularly appropriate in the following cases

• when the seller is an entrepreneur
• when, between the stipulation of the preliminary contract and that of the definitive contract, renovation works are to be carried out, concessions, authorisations or amnesties, financing, etc. are to be requested
• when a long period of time elapses between the preliminary contract and the final contract;
• when a large deposit is paid.

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