Irrevocable offer to purchase a property
1.Parties
- 1.1
The undersigned Buyer's details, hereinafter "the offeror",
Give each buyer's full name, place and date of birth, address and tax code (codice fiscale). A foreign buyer needs an Italian codice fiscale.
- 1.2
offers to Seller's full name, hereinafter "the seller", through the estate agency Estate agency details, hereinafter "the broker", to buy the property described below, at the price and on the terms that follow.
Name every owner in the cadastral record. Add the agency's Chamber of Commerce (REA) number. With no agent, delete those words and send the offer to the seller.
- 1.1
2.Property
- 2.1
Full ownership of the property located at Full address of the property, consisting of Description, recorded in the buildings cadastre as follows: Cadastral data, in its current factual and legal condition, with the related condominium rights.
Give the cadastral data of the home and each outbuilding. Get the cadastral record (visura catastale) and the floor plan from the agent before you sign.
- 2.1
3.Price and payment
- 3.1
The offered price is Offered price in euros, in figures euros (Offered price in words), payable as follows: Deposit with the offer euros as a confirmatory deposit on acceptance of this offer; Payment at preliminary contract euros on signature of the preliminary contract; the balance on signature of the notarial deed of sale.
If the figures and the words differ, a dispute follows. Pay every sum by traceable means: the deed must state how the price was paid.
- 3.1
4.Deposit with the offer
- 4.1
Optional
As security for this offer the offeror hands to the broker the non-transferable cheque no. Cheque number and bank, payable to the seller, for Deposit with the offer euros. The broker holds it without cashing it and hands it to the seller only on acceptance, when the sum becomes a confirmatory deposit under art. 1385 of the Civil Code.
Keep it if the agent asks for a deposit, and keep the deposit small. Delete it if you pay nothing until the preliminary contract.
- 4.2
Optional
If the offer is not accepted within the stated period, the broker returns the cheque to the offeror without delay.
Keep it together with the previous clause.
- 4.1
5.Conditions
- 5.1
Optional
The offer is subject to the condition precedent that the offeror obtains, by Date by which the loan must be approved, a mortgage loan of Loan amount euros. If the loan is not granted by that date, the contract has no effect and every sum paid is returned to the offeror without interest or penalty.
Delete it only if you pay entirely from your own funds. Keep proof of the bank's refusal.
- 5.2
The seller warrants that the property is in the seller's full and exclusive ownership, free of mortgages, attachments, adverse recorded entries, non-apparent easements and pre-emption rights, and that it will be handed over vacant at the date of the deed.
- 5.3
The seller warrants that the property complies with planning and building rules and that the cadastral data and floor plans match its actual state, undertakes to deliver the energy performance certificate (APE), and declares that there are no overdue condominium charges and no extraordinary works already approved, except as follows: no exception.
Replace "nessuna eccezione" with any known works or arrears. The buyer becomes jointly liable for the condominium charges of the current and previous year.
- 5.1
6.Preliminary contract and deed
- 6.1
Optional
If the offer is accepted, the parties sign the preliminary contract of sale by Latest date for preliminary contract, which repeats the terms of this offer.
Delete it if the accepted offer will itself serve as the preliminary contract.
- 6.2
The notarial deed of sale is signed by Latest date for the deed (rogito) before the notary Notary chosen by the buyer, chosen by the offeror, with payment of the balance of the price and handover of the property at the same time.
- 6.1
7.Broker's commission
- 7.1
Optional
The offeror agrees to pay the broker a commission of Agent's commission owed by the buyer, due on conclusion of the deal under art. 1755 of the Civil Code.
Delete it if no agent is involved. You may agree that the commission is due only at the deed, but the agent must sign that change.
- 7.1
8.Irrevocability and acceptance
- 8.1
This offer is irrevocable under art. 1329 of the Civil Code until the following time and date: Date and time the offer expires. If that time passes without the offeror having learned of the acceptance, the offer loses all effect.
The Notariato advises the shortest possible period. You cannot withdraw before this date.
- 8.2
Acceptance must be unconditional. Any acceptance with changes counts as a new offer from the seller.
- 8.1
9.Signatures
- 9.1
Place and date: Place of signature, Date of signature. Signature of the offeror.
- 9.2
Unconditional acceptance of the above offer, on Date the seller accepts. Signature of the seller.
Every owner must sign. The contract is formed only when the offeror learns of the acceptance, so return a signed copy to the offeror.
- 9.1