CompromessoCheck
Guides · Updated 2026-08-04
15 questions to ask the Italian notary before you buy
In an Italian property purchase the notary (notaio) is not 'the seller's person' — they are an impartial public official, personally liable for the deed's validity, and by custom chosen and paid by you, the buyer. Most foreign buyers meet them for twenty minutes at the deed and ask nothing. That's a waste of the best legal resource in the room. Involve them early, and arrive with questions.
About the property
1. Are the sellers the full owners, and is anyone else's consent needed (spouses, co-heirs, usufruct holders)?
2. What do the visure show — any mortgages, foreclosures or claims, and who cancels them, when, at whose cost?
3. Is the property's provenance clean? If there's a donation or recent inheritance in the chain, what protections do you recommend?
4. Are the building permits and cadastral plans consistent with the actual state? Any condono pending, and what would its rejection mean?
5. Are there pre-emption rights (agricultural neighbours, cultural-heritage authority, sitting tenants) that could trump my purchase?
About the contract you're about to sign
6. Is my deposit a caparra confirmatoria — and can we add a mortgage condition so I don't lose it if financing falls through?
7. Should this preliminare be registered (trascritto, art. 2645-bis c.c.)? What does it cost and what does it protect me from?
8. Are the termination clauses symmetric, or written in the seller's favour?
9. Is the agency's commission clause standard, or am I paying even if the sale collapses?
About taxes and money
10. Exactly which purchase taxes apply to me, and can I use the prezzo-valore rule (taxation on cadastral value)?
11. Do I qualify for any reduced-tax regime, and what commitments does it impose (e.g. residence deadlines)? Tax rules change: ask for the current position, don't rely on blog posts.
12. How should the payments be structured and documented, including the deposit — and should the deposit sit in escrow (deposito prezzo) with you?
About the deed itself
13. I don't read Italian: do we do a bilingual deed or a sworn interpreter (artt. 54-55 L. 89/1913), and what does each cost?
14. Can I sign by power of attorney (procura) from abroad if I can't attend, and how do we set that up correctly?
15. After the deed: who handles registration, transcription and the utilities' transfer, and when do I get the registered copy?
Arrive prepared, not just present
The notary answers better questions when you bring specifics. Our report turns your actual compromesso or visura into a personalized version of this list — with the clauses quoted and the risks ranked — so your meeting starts from page one, not from zero.
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This guide is general information about Italian law and practice, written by CompromessoCheck. It is not legal advice. Laws change and cases differ: verify your specific situation with a notary or an independent lawyer.