Frequently Asked Questions

  • No. Under Italian law, a real estate agent (Mediatore Immobiliare) is a neutral, independent intermediary whose sole role is to bring buyer and seller together . They do not act as an exclusive advisor or protector for either party .

  • No. Legal advice, transaction structuring, and risk identification are outside the scope of an agent's duties (p. 2). These responsibilities fall strictly on independent professionals like lawyers and technical consultants.

  • Legally, neither party. In practice, agents are typically engaged by the seller and may maintain a closer relationship with them.  Buyers should never rely on the agent as their primary source of legal protection.

  • Because the Italian real estate system reverses the U.S. sequence. Buyers are required to submit an offer or sign a preliminary agreement before full technical and urban planning data is available from public authorities.

  • If you sign a binding agreement without appropriate legal safeguards, you are obligated to proceed even if severe legal defects, irregularities, or financial constraints emerge later.

  • You can safely navigate the system by structuring your purchase offers with specific conditional clauses (e.g., subject to due diligence or financing), limiting early financial exposure, and involving an attorney before signing.

  • Yes. Unlike non-binding offers in other jurisdictions, an Italian offer to purchase (Proposta di Acquisto) becomes a fully legally binding contract the exact moment the seller accepts it.

  • If you back out after acceptance, you face the total loss of your deposit if structured as a caparra confirmatoria. Conversely, if the seller withdraws, you can legally claim double your deposit back.

  • Yes, you can insert a Condizione Sospensiva (conditional offer) for mortgage or due diligence compliance. However, if the clause is generic or poorly drafted, it may be deemed invalid or unenforceable under Italian law.

  • A caparra serves as a strong financial commitment with forfeiture penalties for withdrawal. An acconto prezzo acts merely as an advance payment on the purchase price, offering greater legal flexibility if the transaction dissolves.