Jaklin Riegelmann & Co - Property Consultants & Estate Agents

Purchase Offer (Proposta di Acquisto)

The price is established through a temporary written purchase offer. Once there is an agreement on price between you and the buyer, we proceed with the preliminary contract.

Preliminary Contract (Atto Preliminare di Compravendita Immobile)

This private, legally secured purchase and sales promise guarantees the property to the buyer on the one hand, and on the other hand gives you the security that the buyer is committed to buy. The preliminary contract is, in its contents and formulation, very similar to the subsequent final purchase contract and, owing to the contractual promise of both parties, it represents an obligation on both sides. It includes all terms and conditions, methods of payment, date for the final contract and any other details deemed important. On request, to guarantee complete understanding between the parties, the preliminary contract can be concluded with power of attorney or bilingually through an accredited translator. The preliminary contract comes into force with its registration and a deposit (Caparra Confirmatoria), which amounts to approx. 30% of the selling price. The seller’s commission amounts to 3.63% (3% plus 21% VAT) of the selling price established between the parties, payable at conclusion (Codice Civile (Italian Civil Code) article 1754 and 1755), i.e. after the preliminary contract has been signed and registered. It goes without saying that we will accompany you up to the final contract.

Caparra Confirmatoria

The Caparra Confirmatoria is regulated by the Codice Civile in article 1385, which is applicable to sales offers and preliminary contracts. If the parties fail to comply with the preliminary contract, the legal norm is as follows: If you withdraw, you are committed to refund the full amount of the deposit plus an equal amount to the buyer. If the buyer withdraws, she will loose her deposit. In addition, both parties could pursue legal proceedings towards a transfer of ownership.

Final Contract (Atto Notarile di Compravendita Immobile)

The final contract is usually signed between two and six months after the preliminary contract. Beforehand, a public notary investigates whether the legal and historical origins of the property are incontestable. On signing the final contract, the remainder is paid. After signing, the final contract is registered and the transfer of ownership is initiated in the land registry (Agenzia del Territorio and Conservatoria dei Registri Immobiliari). On request, to guarantee complete understanding between the parties, the final contract can be concluded with power of attorney or bilingually through an accredited translator.