THE DEPOSIT ‘CAPARRA’ WHEN BUYING A HOUSE IN ITALY:
To show evidence that you are really interested in purchasing a property, it is common practice to enclose a sum of money to the proposal contract as a deposit or down payment (caparra confirmatoria, art. 1385 of Italian Civil Law) by means of a non-negotiable cheque in favour of the vendor.
The deposit is usually between 5 to 10% of the agreed selling price, with a minimum of € 10.000,00. A higher amount is also allowed if both parties ruled in favour or if it has been requested.
This guaranteed cheque is kept by the real estate agent and will only be handed over once the vendor has accepted and signed the proposal himself. From that moment on, the contract is legally binding. In case the buyer has second thoughts and wants to pull out of the contract, the vendor may keep the whole amount of the down payment by way of compensation. Vice versa, should the vendor want to pull out, he must pay double the down payment received back to the buyer by way of compensation.
For the registration of a purchase proposal contract at the Tax Office (Agenzia delle Entrate) one needs to pay a fixed amount of € 200 per contract, € 200 for each suspensive and/or resolutive condition plus a revenue stamp of € 16 for every 4 pages and each attachment (with the exception of floor plans and designs for which a revenue stamp of € 1 needs to be paid). These costs are for the buyer and average between € 350 and € 550. The contract needs to be registered within 20 days after signing at the Tax Office (Agenzia delle Entrate).
The information on this page is compiled with the greatest care; nevertheless, no rights may be derived from this information and optional attachments. We recommend that you check with the embassy in your country for the specifications and available information regarding your plans.
