Guides · Updated 2026-08-04

What is a compromesso? Italy's binding preliminary contract, explained

If you're buying property in Italy, at some point someone will hand you a document called a 'compromesso' — and expect you to sign it and transfer 10–20% of the purchase price within days. Here's the single most important thing to understand: despite the reassuring word 'preliminary', the compromesso is a fully binding contract. Sign it, and you are legally committed to buying the property.

Compromesso, contratto preliminare — same thing

'Compromesso' is the everyday Italian name for the contratto preliminare di compravendita, the preliminary sale contract (art. 1351 of the Italian Civil Code). It sits between the purchase proposal (proposta d'acquisto) and the final deed (rogito). It fixes the price, the property, the deadline for the final deed and all the conditions of the sale.

Ownership does not transfer yet — that happens only at the rogito, before a notary. But every obligation is already real: if you walk away after signing, you lose your deposit; if the seller walks away, they owe you double.

The deposit: where foreign buyers get hurt

The money you hand over at the compromesso is almost always a caparra confirmatoria (art. 1385 c.c.) — a deposit with legal teeth, not a simple down payment. Fail to complete the purchase and the seller keeps every euro. There is no cooling-off period, no 'reasonable excuse' exception, and 'my bank refused the mortgage' does not protect you unless the contract says so.

That last point is the classic trap: a well-drafted compromesso for a financed buyer includes a condizione sospensiva di mutuo — a clause making the whole contract conditional on your mortgage being approved. If it's missing and your financing falls through, your deposit is gone. Read more in our guide to the caparra confirmatoria.

What a good compromesso must contain

Exact identification of the property, including cadastral data (foglio, particella, subalterno) that should match the visura catastale. The price and how it will be paid. The deposit amount and its legal nature. The deadline and place for the final deed — and who chooses the notary (that's the buyer's right by custom, since the buyer pays). Declarations about building permits, amnesties (condono), liens and the property's provenance.

Just as important is what's often missing: the mortgage condition, a provision for registering the contract (trascrizione, art. 2645-bis c.c.), and symmetric termination rights. Sellers' and agencies' standard templates rarely volunteer protections for the buyer.

Can a compromesso be registered?

Yes — the trascrizione of the preliminary contract in the property registers (art. 2645-bis c.c.) protects you against the seller selling to someone else or new mortgages appearing between signing and the deed. It costs a few hundred euros in taxes and notary fees. For purchases with a long gap before the rogito, it is often money well spent.

Before you sign

Have the document checked — by a lawyer (€1,500+ and a few days), or start with an instant plain-English analysis. Our report reads your compromesso clause by clause, flags what's risky and what's missing, and gives you the exact questions to ask the notary. It costs $79 and takes about a minute.

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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.