29/05/2026
Three clauses that should always be drafted into the preliminary contract of a foreign buyer in Italy — and frequently are not, when the draft comes from the seller's side.
The deposit must be designated as caparra confirmatoria rather than acconto, so that in the event of seller default the buyer recovers double the amount automatically. Closing must be conditioned on the remediation of any title, cadastral, or urban planning issues identified during due diligence, at the seller's cost. And the property must be explicitly delivered empty — free of occupants, furniture, belongings, and existing service contracts — to avoid the last-minute disputes these details produce at closing more often than most buyers expect.
None of these three clauses is standard in seller-drafted templates. All three require active insertion and negotiation.
Before signing any preliminary contract, email it to us at [email protected] for review.