14/10/2026
In an Italian preliminary contract (compromesso), the word “deposit” can mean three very different things, and it changes everything if the deal falls through.
1️⃣ Caparra confirmatoria (art. 1385 Italian Civil Code)
The most common deposit when buying property in Italy. If the buyer walks away, the seller keeps it. If the seller walks away, they must pay it back double. Pay €30,000, get €60,000 back.
2️⃣ Caparra penitenziale (art. 1386 Italian Civil Code)
The price of the right to withdraw. Whoever backs out loses the deposit (or returns it double) and that’s it: no damages, no lawsuit. Flexibility for you, but also for the seller.
3️⃣ Acconto
Just a part of the purchase price paid in advance. No penalty, no double. If the deal falls through it gets refunded, and if you want damages you have to prove them in court.
⚠️ If the contract isn’t clear, in case of doubt it’s treated as an acconto.
Before signing your purchase offer (proposta d’acquisto), check which type is written and which article is quoted. One line makes the difference.
Did you know which one you signed? Tell me in the comments 👇
