Foreword: the function of the transcription of the preliminary The preliminary contract for real estate purchase and sale represents one of the most common negotiating instruments in Italian contract practice. With it, the parties mutually obligate each other to enter into a future final contract having transactional effects. However, the long time interval that often...
Homebuyers (or investment property) often sign a preliminary purchase and sale agreement by paying a deposit. But what if, on the date of the deed, the property lacks a certificate of occupancy and – even worse – does not even qualify for it? On this point the Supreme Court (Sec. II), Order No. 2132, Feb....
Italy represents one of the most fascinating and structurally sound real estate markets in Europe. Milan, Rome, Florence, Venice, Tuscany, Lake Como, the Ligurian Riviera-each area combines historical heritage, international attractiveness, and long-term heritage value. However, investing in Italy means operating within a complex, rigorous and deeply technical legal system. A real estate purchase...
When a contract “stalls” due to the default of one of the parties (non-payment, non-delivery, significant delay, refusal to finalize), often the first question is: How can I quickly obtain a clear legal solution without being locked into the contractual relationship? The response, in many cases, is a notice to comply. The notice to perform...
In the real estate transaction landscape, the purchase proposal is often perceived as a simple preliminary step, a form to be signed “to lock in the property.” In reality, it is an act with binding legal effects, which can lead to significant financial consequences and even result in litigation in case of default. A frequent...
