In the path to buying a property, the preliminary contract — commonly called compromesso — is one of the most delicate moments. By signing it, seller and buyer commit to completing the sale on terms already defined.
What the preliminary contract is
It is an agreement by which the parties undertake to sign the final contract (the deed) in the future. It does not transfer ownership, but binds both parties to complete the transaction on the agreed terms: price, timing, payment method and condition of the property.
What it must contain
- Full details of the parties and precise identification of the property (cadastral data).
- Price and payment terms.
- Amount and nature of the deposit.
- Deadline for signing the final deed.
- Guarantees that the property is free of mortgages, constraints and unauthorised works.
- Any conditions precedent (e.g. obtaining a mortgage).
The deposit: confirmatory or penitential
The confirmatory deposit (caparra confirmatoria) is the most common: if the buyer defaults, they lose it; if the seller defaults, they must return double. It is an important safeguard, but must be framed correctly in the contract.
Registering the preliminary contract
The preliminary contract can be registered in the property registers through a notarial act. Registration protects the buyer from prejudicial entries (mortgages, other sales) arising between the compromesso and the deed. It is an often-overlooked but highly effective protection, especially for high amounts.
The most frequent mistakes
Signing a generic preliminary contract, without prior checks on planning and cadastral compliance or the absence of mortgages, creates real risks. Once the deposit is paid, backing out can be difficult and costly.
How to protect yourself
Having the preliminary contract reviewed before signing, completing due diligence and precisely defining clauses and conditions precedent are the steps that turn the compromesso into genuine protection rather than a risk.