For those who need to purchase property

The indications also apply to the seller, who must have the same accouterments as the buyer and demand the same guarantees of seriousness and fairness in the transaction.

For those who need to purchase property

1. If there is an intermediary
2. If the negotiation is direct
3. The preliminary purchase contract
4. When transcription into public records is recommended

If there is an intermediary

1. After visiting the property and finding it to one's liking, demand to know the condition of the property with regard to both the title deed at the Registrar of RR. II. (provenance by deed of sale or deed of gift, etc.), as well as the cadastral situation and regularity in terms of administrative concessions (condonations, licenses, etc.), asking to see the relevant floor plans and cadastral documentation.
2. At the time of request by the broker to subscribe to the purchase proposal take into account that:

• such a proposal already represents a real compromise of purchase and sale, containing all the elements of the contract and the terms of payment
• there will be no further subsequent opportunities for negotiation or second thoughts for the buyer
• Binds only the buyer irrevocably against both the seller and the agency
• the amount for the so-called reservation must be paid by check made out directly to the property owner and not to the real estate agent with whom you are dealing
• it is necessary to check the form for unfair or particularly onerous clauses for the buyer; in this regard, it is an indication of the real estate agent's seriousness to hand over the form before signing it so that it can be checked

If the negotiation is direct

In the case of direct negotiations between seller and buyer, it is advisable to consult an expert (Notaio, lawyer, other competent professional or Consumer Associations) in order to make the necessary checks before signing the preliminary. This indication also - and especially - applies to the seller who may in good faith ignore some constraints or some particular rules that must be observed before committing to sell.

The preliminary purchase contract

Having completed the necessary verifications and agreed with the seller on the terms of the contract, the preliminary contract is concluded, which in accordance with the law can be transcribed at the Registrar of RR. II. The transcription makes the preliminary contract public, safeguarding the buyer from the harmful consequences for prejudicial transcriptions on the property (foreclosures, seizures, etc.) that may occur between the stipulation of the preliminary and that of the final contract, or by bankruptcy of the seller. In the latter case, a lien is provided for the buyer over other creditors in the recovery of sums paid and expenses incurred.

When transcription into public records is recommended

The transcription of the preliminary is therefore advisable and in any case particularly appropriate in the following cases:

• When the seller is an entrepreneur
• When renovation work is to be carried out between the conclusion of the preliminary contract and the final contract
• Apply for concessions, permits or condonations, financing, other
• When a long period of time elapses between the preliminary and the final
• When a large down payment is made