Preliminary sale agreement template for Italy

Between Seller's details, hereinafter "the promising seller",

Give each owner's full name, place and date of birth, address, tax code and marital property regime, such as community of property (comunione dei beni).

and Buyer's details, hereinafter "the promising buyer", the following is agreed.

Give each buyer's full name, place and date of birth, address, tax code and marital property regime. A foreign buyer needs an Italian codice fiscale.

The promising seller promises to sell to the promising buyer, who promises to buy, full ownership of the property located at Full address of the property, consisting of Description, bordered by Boundaries (confini), with its appurtenances, fixtures and proportional share of the common parts of the building under art. 1117 of the Civil Code.

Describe rooms, floor, cellar, garage, garden and the share of common parts.

The property is recorded in the buildings cadastre of that municipality as follows: Cadastral data, as shown on the cadastral floor plan that the parties sign and attach to this contract.

Give comune, foglio, particella, subalterno, category and cadastral income (rendita) of each unit. Attach the floor plan to remove doubt about what is sold.

The promising seller declares that the cadastral data and the floor plan match the actual state of the property and undertakes, if they do not, to correct them at the seller's expense before the deed.

The deed is void without this statement. A surveyor (geometra) can check it before you sign.

The promising seller declares that the seller is the full and exclusive owner of the property under Seller's title.

State the type of title, the notary, the date and the recording details. For a gift, ask the notary about possible claims by the donor's heirs.

The promising seller warrants that the property is free of mortgages, attachments, seizures, liens, adverse recorded entries, non-apparent easements, real charges and pre-emption rights, except for: Existing mortgages to be cancelled, which the seller undertakes to cancel at the seller's expense by the deed, if needed using part of the price.

The promising seller warrants that the property is not let or occupied by third parties and that it will be handed over vacant.

The promising seller declares that the property was built and later altered under the following permits: Building permits and later works, and that its current state matches its lawful state (stato legittimo) under art. 9-bis, paragraph 1-bis, of D.P.R. 6 June 2001, n. 380.

List each licenza, concessione, permesso di costruire, SCIA or CILA with its number and date, and any amnesty (condono).

Fitness for use: Certificate of fitness for use.

Give the certificato di agibilità or SCA with its date.

The promising buyer declares that the buyer has received the information and documents, including the certificate, on the energy performance of the property: Energy performance certificate.

The deed must contain this statement and attach the APE. An APE is valid for 10 years.

Optional

The promising seller hands over the installation conformity certificates, where they exist. If there are none, the property is bought as it stands as regards its installations, and the price takes this into account.

Keep it if the seller has no conformity certificates for the electrical, gas or heating systems. Ask for an inspection first.

The price is agreed at Price in euros, in figures euros (Price in words), payable as follows.

Advance on the price in euros, if any euros as an advance on the price, by Date of the advance payment. The balance, after deducting the deposit and the advance, on signature of the deed, by traceable means.

An advance is simply part of the price. It is not lost or doubled on default. Write 0 if there is none.

On signature of this contract the promising buyer pays to the promising seller, who acknowledges receipt, the sum of Confirmatory deposit euros as a confirmatory deposit under art. 1385 of the Civil Code, by How the deposit is paid. At the deed the deposit is credited against the price.

Pay by non-transferable cheque or bank transfer, and give the cheque number or the CRO/TRN. Larger sums call for recording the contract through a notary.

If the promising buyer defaults, the promising seller may withdraw from the contract and keep the deposit. If the promising seller defaults, the promising buyer may withdraw and claim double the deposit. The party not in default may instead ask for performance of the contract under art. 2932 of the Civil Code, or for termination, with damages under the general rules.

Optional

This contract is subject to the condition precedent that the promising buyer obtains, by Date by which the loan must be approved, a mortgage loan of Loan amount euros. The promising buyer undertakes to apply within fifteen days of signature and to give written notice of the outcome. If the loan is not granted by that date, the contract has no effect and the deposit and any advance are returned without interest within ten days.

Delete it only if you pay entirely from your own funds. Keep the bank's written refusal.

The final contract of sale is signed by Latest date for the notarial deed before the notary Notary chosen by the buyer, chosen by the promising buyer, who notifies the other party of the date and time at least ten days in advance.

The promising seller delivers to the notary, within thirty days of signature, copies of the title deed, the building permits and the condominium documents.

Possession of the property passes to the promising buyer on signature of the deed, with the handover of the keys. Income and costs run from that date.

Early handover before the deed is possible but risky for both sides. Agree it in a separate written clause.

The promising seller bears all ordinary condominium charges accrued up to the deed and the cost of extraordinary works approved before signature of this contract, even if payable later. Before the deed the promising seller delivers the administrator's statement on the payment status and on pending disputes.

The buyer is jointly liable to the condominium for the current and previous year. This clause gives the buyer a claim against the seller.

Optional

The parties declare that this deal was concluded through the broker Agency, REA number and agent's name, to whom the following commissions are owed: by the promising seller Commission owed by the seller; by the promising buyer Commission owed by the buyer.

Delete it if no agent was involved. The deed must also state the agent's details and the commission paid.

This contract is registered with the Agenzia delle Entrate within thirty days of signature. The related taxes are borne by the promising buyer. The notary's fees and the taxes on the deed are borne by the promising buyer.

If an agent was involved, the agent must register the contract. Agree in writing who does it.

Optional

The parties undertake to repeat this contract as a private deed authenticated by a notary within fifteen days, for recording under art. 2645-bis of the Civil Code, at the promising buyer's expense.

Keep it when the deposit is large or the deed is months away. Recording protects the buyer against a second sale, mortgages and the seller's insolvency.

Other terms: Other agreed terms.

For example furniture left behind, works the seller must finish, or early access.

Every notice under this contract is made in writing, by registered letter with return receipt or certified email (PEC), to the addresses given above.

Read, confirmed and signed at Place of signature, on Date of signature, in as many originals as there are parties plus one for registration. Signature of the promising seller. Signature of the promising buyer.

Sign every page and the attached floor plan. A married seller under community of property needs the spouse's signature.