For those looking to buy a property

These guidelines also apply to the seller, who must take the same precautions as the buyer and demand the same assurances of reliability and fairness in the transaction.

For those looking to buy a property

1. If there is an intermediary
2. If the negotiation is direct
3. The preliminary purchase agreement
4. When is entry in public records recommended?

If there is an intermediary

1. After viewing the property and finding it to your liking, you should verify the property’s status with regard to both the ownership registration at the Land Registry (origin via deed of sale or gift, etc.), as well as its cadastral status and compliance with administrative regulations (amnesties, permits, etc.), by requesting to review the relevant floor plans and cadastral documentation.
2. When the broker asks you to sign the purchase offer, please keep in mind that:

• This proposal already constitutes a genuine sales agreement, as it includes all the elements of the contract and the payment terms
• There will be no further opportunities for negotiation or for the buyer to change their mind
• binds only the buyer irrevocably with respect to both the seller and the agency
• The deposit must be paid by check made out directly to the property owner, not to the real estate agent handling the transaction
• You should review the form to ensure it does not contain any unfair terms or provisions that are particularly onerous for the buyer; in this regard, a sign of the real estate agent’s professionalism is providing the form before signing so that you can review it

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 agreement

Once the necessary checks have been completed and the terms of the contract have been agreed upon with the seller, the preliminary contract is executed; by law, this may be registered with the Land Registry. Registration makes the preliminary contract public, protecting the buyer from adverse consequences arising from prejudicial encumbrances on the property (liens, seizures, etc.) that may occur between the signing of the preliminary contract and that of the final contract, or due to the seller’s bankruptcy. In the latter case, the buyer is granted priority over other creditors in recovering the sums paid and expenses incurred.

When is entry in public records recommended?

It is therefore advisable to have the preliminary agreement transcribed, and it is particularly recommended in the following cases:

• when the seller is a business owner
• when renovation work must be carried out between the signing of the preliminary contract and that of the final contract
• request permits, authorizations, or amnesties; funding; or other matters
• when there is a long interval between the preliminary and final agreements
• when a large deposit is paid