Proposta, compromesso and rogito: what is the difference?
The proposta is the buyer’s written offer; once the seller accepts it, it becomes binding. The compromesso is the preliminary contract by which the parties commit to sell and buy; the rogito is the final notarial deed, by which ownership passes to the buyer.
The offer
The buyer signs an offer with the price, the conditions and a deadline for the seller to accept, and usually often pays a sum as a deposit, of an amount the parties agree. Once the seller accepts and the buyer learns of it, the agreement is made.
A purchase involves other steps too, such as the energy certificate (APE) and the checklist before an offer. What a dossier on an address costs is on the Dossier Immobile pricing page. You can work out the taxes you would pay with the free purchase tax calculator.
The confirmatory deposit
If the party that paid the deposit defaults, the other may withdraw and keep it; if the party that received it defaults, the other may withdraw and demand double. Alternatively the non-defaulting party may ask for performance or termination of the contract, with damages (art. 1385 of the Civil Code). If all goes well, the deposit is returned or counted towards the price. A caparra confirmatoria is not a mere down payment: the consequences depend on how it was agreed.
The compromesso (preliminary contract)
The preliminary contract sets the terms of the sale and the date of the deed. If it is made by public deed or with signatures authenticated by a notary, it must be registered in the property registers: registration protects the buyer against later mortgages or sales, but its effects lapse if the final deed is not registered within one year of the agreed date, and in any case within three years (art. 2645-bis of the Civil Code).
The deed
The notary drafts the deed, checks the registers and that the deed contains what the law requires: the details of the building titles, the cadastral data with the conformity declaration, the attached APE. A technical comparison of the building with its titles requires a qualified technician. Ownership as a rule passes with the consent expressed in the deed, which the notary registers.
Where the dossier fits
Before the offer: a good moment to gather information and decide which conditions to include. Afterwards the suspensive conditions, the wording of the agreement and the other party’s conduct still count.
Is a compromesso always needed?
No: an accepted offer can already count as a preliminary contract, and sometimes the parties go straight to the deed. It depends on how the documents are written.
How long until the deed?
The parties set it in the preliminary contract. If that contract is registered, the deed must be registered within one year of the agreed date and in any case within three years.
Sources
- Civil Code, art. 1385 (confirmatory deposit)
- Civil Code, art. 2645-bis (registration of preliminary contracts)
- NotaiOnline: the sale, complete guide
- Cose di Casa: down payment or deposit
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