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What you're looking at, in plain English
This is a binding preliminary contract for a house with land in Panicale (Perugia, Umbria) at a price of €185,000. By signing it, the buyer commits to purchase and immediately hands over €25,000 as a 'caparra confirmatoria' — a deposit with real teeth: walk away and you lose it all. The final deed (rogito) must be signed by 30 November 2026, before a notary chosen by the seller. Two facts deserve your full attention before signing: the building has a 1995 amnesty application (condono) that is still pending at the municipality, and the seller received the property as a gift in 2019, which creates a legal risk that can block your mortgage. The contract also lacks the single most important protection for a financed buyer: a clause making the purchase conditional on your mortgage being approved. In short: this deal is not necessarily bad, but as written, most of the risk sits on your side of the table.
Key terms
| Price | €185,000 | €25,000 now, €160,000 at the deed |
| Deposit | €25,000 — caparra confirmatoria (art. 1385 c.c.) | If you back out, you lose it. If the seller backs out, they owe you double. |
| Deed deadline | 30 November 2026 | Notary chosen by the seller — unusual; the buyer normally chooses. |
| Property | House + ~2,500 m² land, Panicale (PG) | Cadastral: Foglio 27, Part. 154 Sub. 2 (A/3) + Part. 155 (land) |
| Agency commission | 4% + VAT, due at signing of this preliminare | Non-refundable even if the final deed never happens — a red flag, see findings. |
What we found
A 1995 building amnesty (condono) is still pending
The contract openly declares that an amnesty application from 1995 (L. 724/1994) for the first-floor extension is still not decided by the municipality. Buying a property with an unresolved condono means inheriting the uncertainty: the amnesty could carry costs, conditions, or in the worst case issues with the extension's legitimacy. Note that Italian building-regularization rules were changed recently by the 'Salva Casa' decree (L. 105/2024), so the current position must be verified by a professional.
“è stata presentata in data 28/02/1995 domanda di condono edilizio ai sensi della Legge 724/1994 relativamente all'ampliamento del piano primo, il cui procedimento risulta ancora in corso di definizione”
→ Before signing, ask for the condono file number and have a geometra or the notary verify its status at the Comune di Panicale — and consider making the purchase conditional on its positive outcome.
The seller received the property as a gift in 2019 — mortgage risk
The property came to the seller by donation only a few years ago. Under Italian law (artt. 555-564 c.c.), the donor's heirs can in some cases claw back donated property for up to 20 years from the donation. Because of this, many Italian banks refuse or restrict mortgages on recently donated properties, and your own resale could be complicated.
“l'immobile è pervenuto alla parte promittente venditrice per atto di donazione a rogito Notaio Bianchi di Perugia in data 15/06/2019”
→ Tell your bank about the donation NOW, before signing, and ask the notary which protections exist in this case (e.g. insurance policies or waivers by potential heirs).
Your €25,000 is a caparra confirmatoria — know exactly what that means
This is not a simple down payment. Under art. 1385 c.c., if you fail to complete the purchase the seller keeps the entire €25,000; if the seller fails, you are entitled to double (€50,000) — or either side can instead sue for the actual completion of the sale. Combined with the missing mortgage clause (see below), this puts your deposit at real risk if your financing falls through.
“quanto ad Euro 25.000,00 alla sottoscrizione del presente contratto a titolo di caparra confirmatoria ai sensi dell'art. 1385 c.c.”
The termination clause is written one-way — in the seller's favor
The contract spells out the seller's right to walk away with your deposit if you miss the deed date, but never mentions the mirror-image right you have by law if the seller defaults. Your legal rights exist anyway under art. 1385 c.c., but a fair contract states both.
“la parte promittente venditrice avrà facoltà di recedere dal presente contratto trattenendo l'intera caparra versata”
→ Ask for the clause to be rewritten symmetrically.
The notary will be chosen by the seller
In Italian practice the buyer — who pays the notary — normally chooses the notary. The notary is an impartial public official either way, but the choice affects logistics, language support and your comfort. There is no good reason to give this up.
“presso il Notaio che sarà designato dalla parte promittente venditrice”
→ Negotiate: the buyer picks the notary. This is standard.
All contract costs are on you (mostly standard)
Deed, taxes and related costs on the buyer's side is the Italian norm. Just make sure 'tutte le spese' doesn't get stretched to cover costs that belong to the seller, like resolving the condono or clearing any liens.
“Tutte le spese del presente contratto, dell'atto notarile e conseguenti sono a carico della parte promissaria acquirente”
Protections you don't have (yet)
Things a well-advised buyer would normally have in this document — and this one doesn't.
No mortgage condition (condizione sospensiva di mutuo)
Nothing in this contract makes the purchase conditional on your financing being approved. If the bank says no — which the 2019 donation makes more likely — you would still be bound, and backing out costs you the full €25,000 deposit. A well-advised financed buyer virtually always adds this clause to an Italian preliminare.
→ Ask to add a clause making the contract conditional on mortgage approval within a set date, with full return of the deposit otherwise.
No provision for registering the preliminare (trascrizione)
Registering the preliminary contract in the property registers (art. 2645-bis c.c.) protects you against the seller selling to someone else or new liens appearing before the deed. It costs a few hundred euros and is worth considering — especially with a deed date months away.
→ Ask the notary whether trascrizione makes sense here and at what cost.
Agency commission due immediately and 'non-refundable in any case'
The 4% + VAT commission is payable in full when you sign this preliminare and the contract states it stays with the agency even if the final deed never happens. The law (artt. 1754-1755 c.c.) makes commission due when the deal is concluded — but 'non-refundable even if the sale collapses for reasons not attributable to you' is a harsh term worth challenging.
“da corrispondersi integralmente alla sottoscrizione del presente preliminare e non ripetibile in alcun caso, anche di mancata stipula dell'atto definitivo”
→ Negotiate: commission (or part of it) payable at the deed.
Ask the notary
- What is the current status of the 1995 condono application at the Comune di Panicale, and what happens to this purchase if it is rejected or comes with conditions?
- Given the 2019 donation, what concrete protections can be put in place against a claw-back claim (azione di riduzione), and how do banks in this area treat mortgages on donated property?
- Can we add a suspensive clause making the purchase conditional on my mortgage approval, with full return of the caparra if financing is refused?
- Should this preliminare be registered (trascritto) under art. 2645-bis c.c., and what would it cost?
- As the buyer, can I designate the notary for the deed, as is standard practice?
- As a foreign buyer, what will I need for the deed: codice fiscale, sworn interpreter or bilingual deed (artt. 54-55 L. 89/1913)?
Ask the agent / seller
- Please provide the condono file number and any correspondence with the Comune about it.
- Is the seller willing to rewrite the termination clause symmetrically and to accept a mortgage condition?
- Will you accept commission payable at the deed rather than at the preliminare?
- Are there any condominium or consortium charges on the property or the land?
Our honest take: bring in a lawyer
Two of the findings — the pending condono and the 2019 donation — are exactly the kind of issues where a few hundred euros of independent legal advice can save you tens of thousands. This report gives you the map and the questions; for this specific contract, have a lawyer or the notary resolve both points before you hand over the deposit.
Glossary
- compromesso / contratto preliminare
- — the binding preliminary contract: it doesn't transfer ownership yet, but it locks both parties into the deal
- caparra confirmatoria
- — a deposit with legal teeth (art. 1385 c.c.): the buyer loses it by backing out; the seller owes double if they back out
- condono edilizio
- — a building amnesty: a request to legalize works done without (or beyond) a permit, under one of Italy's amnesty laws
- rogito
- — the final deed of sale, signed before a notary, which actually transfers ownership
- trascrizione
- — registration in the public property registers, which makes a right enforceable against third parties
- azione di riduzione
- — the legal claw-back action heirs can use against gifts that damaged their reserved inheritance share
This report is an automated, educational analysis of the document you uploaded. It is not legal advice and does not create a lawyer-client relationship. Verify important points with a notary or an independent lawyer before signing.
This report would have saved this buyer from three expensive surprises.
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