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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....