When you buy a house, you usually have to negotiate with the agent engaged by the seller. Purchasers sometimes engage their own agents (or consultants), and in such cases, the negotiation takes place together with them. This is especially common when foreigners buy, as they usually prefer to be accompanied by an entrusted person who knows the law, the market, and the language.

In the purchase process, the first step is to submit a purchase offer to the seller. This usually happens through the agent using standard forms provided by the agent. If you present an offer with a price reduction, the agent will inform you about the likelihood that the offer will be accepted or refused, based on other offers previously received for the same house.

The offer becomes an automatic, binding contract as soon as the seller accepts it and you are informed of the acceptance.

Therefore, it is important that the offer include all essential elements of the purchase, such as an accurate description of the property, the price, the timing, the conditions, and the covenants. Once you have signed the offer and it has been accepted, you are legally committed to the purchase. The offer should also specify the period of validity, which typically does not exceed 10 days.

Usually, when you sign an offer, you accompany it with a bank cheque (“deposito cauzionale”) which confirms the seriousness of your offer. The cheque is issued to the seller but is held by the agent, who will return it to you at the signing of the notarial deed, which finalises the purchase. If you do not proceed with the purchase, the cheque is handed over to the seller, who cashes it. Of course, the seller can also pretend to execute the transfer, as the cheque mainly serves as a guarantee. In most cases, the cheque is not large and holds mainly symbolic importance.

Since foreign checks are not accepted, foreign buyers who do not have a bank account in Italy cannot issue them. In this case, it is best to persuade the seller to proceed without a check. 

In cases where the seller requires higher guarantees (or when the buyer is unable to issue a guarantee check), it is advisable to make payments to the seller only after converting the accepted purchase offer into a preliminary purchase agreement, which is executed by a notary and registered in the land register. In fact, this approach protects your advance payments, as the seller can no longer sell the property to others. The disadvantage is that you will incur additional costs for the notary and the registration of the preliminary contract. Although this is slightly more expensive, it provides greater protection for the advance payment you must make to the seller.

In more formal purchases, parties proceed directly to the notary’s preliminary contract without first signing the accepted offer. This is particularly the case when lawyers are involved, and speed is not the main concern.   

The advantage of the offer is that it is simple, quick, and inexpensive, as it does not require registration.

The last step of the purchase process is the final deed of sale. This is executed by a notary and registered with the tax authorities and the land registry.

Both registrations are carried out by the notary. With the first registration, you pay the transfer taxes; with the second registration, you are officially registered as the owner.

Before signing the deed, the notary verifies the property’s cadastral status and ensures there are no encumbrances or mortgages.

The purchase price is paid upon signing. If any advance payments have been made, they are deducted. The payment can be made as follows:

• bank cheque from an Italian bank
• instant bank transfer

As an alternative, the purchase price can be deposited into a notary’s account and released to the seller by the notary after the purchaser’s ownership is registered in the property register. This process involves additional costs, as the notary charges a commission, but it guarantees that payment is made only upon transfer of ownership.

It is common that shortly before the notary deed, the parties conduct a joint inspection of the property to ensure that the rooms are vacant and everything is in order. On this occasion, the parties also read the water and gas meters together. 

The keys are usually handed over when the contract is signed before the notary. Occasionally, a delivery report of the building is also signed on this occasion.

Agents are paid at the latest upon signature of the notary deed, and this is confirmed in the notary deed.  

After the purchase, the purchaser must organise the transfer of utilities (water, electricity, gas) into their name. Utility companies sometimes have complicated procedures and require extensive documentation. It is advised to do this promptly to avoid complications.

The phone/internet is usually activated by the purchaser from new without transferring the contact from the seller to the purchaser.

The purchaser must inform the building manager of the purchase for the payment of the condominium expenses.

The purchaser must also register with the town offices for waste disposal taxes (Tari). Failure to do so may result in fines. The deadline for registration varies by town.