Buying a home is one of the most important financial decisions a person can make. For this very reason, knowing the buyer’s rights before completion is essential to avoid surprises, verify that the property is legally compliant, and reach the signing of the final deed with all the necessary safeguards in place.
Before the notarial completion, the buyer can carry out a series of checks concerning the property’s planning and building status, cadastral records, mortgages and other encumbrances, and condominium matters. The buyer can also request to examine the necessary documentation, verify the obligations undertaken by the seller in the preliminary agreement and, when problems arise, make use of the remedies provided by law and by the contract.
Let’s look at the main rights of a home buyer before completion, which documents should be checked, and what to do if irregularities are discovered.
What Are the Buyer’s Rights in a Real Estate Transaction?
The buyer’s rights do not arise exclusively at the moment the final deed is signed. An important part of the available legal protection already applies during the period preceding the transfer of ownership.
The main rights of a property buyer include:
- verifying the legal status of the property, including the possible existence of mortgages, enforcement proceedings, or other encumbrances;
- examining the planning, building, and cadastral documentation necessary to verify the property’s compliance;
- knowing the property’s title and verifying that the seller has the legal right and authority to sell it;
- receiving the property in the condition agreed upon in the contract;
- benefiting from the statutory warranties against eviction and defects;
- checking the status of condominium expenses;
- requesting that any obligations incumbent upon the seller be fulfilled before completion;
- freely choosing their own notary;
- requesting to examine the documentation in advance and, where possible, the draft of the final deed.
These rights become particularly important when irregularities or circumstances different from those agreed upon emerge during the checks carried out before completion.
What Should Be Checked Before Completion?
Before signing the final deed, it is advisable to carry out a comprehensive assessment of the property. It is not enough to check only the cadastral floor plan: the cadastral, planning and building, mortgage, and condominium situations should be examined as a whole.
Checking for Mortgages and Enforcement Proceedings
One of the most important checks concerns the property registers. Through mortgage and land-registry searches, it is possible to verify the existence of matters such as:
- mortgages;
- enforcement proceedings and attachments;
- court claims registered against the property;
- seizures;
- other encumbrances or rights that may affect the property.
The existence of a mortgage does not necessarily mean that the sale cannot be completed. However, it is necessary to establish how and when the encumbrance will be cancelled.
For example, where the seller has an outstanding mortgage, the parties can agree with the notary on arrangements whereby part of the purchase price is used to repay the debt and obtain cancellation of the mortgage.
The key point for the buyer is to avoid paying the entire purchase price without adequate safeguards ensuring that the property will be released from the encumbrances that must be removed.
Cadastral Compliance and Planning/Building Compliance
Another fundamental check concerns the correspondence between the actual condition of the property, the cadastral records, and the relevant building permits and planning documents.
It is important to distinguish between cadastral compliance and planning/building compliance: these are different checks, and a compliant cadastral floor plan does not, by itself, demonstrate that the property fully complies with building regulations.
For this reason, where necessary, it is advisable to appoint a qualified professional to compare the actual condition of the property with the municipal and cadastral documentation.
If discrepancies are found, before completion it may be possible to agree with the seller on how to regularise the situation, where permitted by law.
The buyer should avoid relying merely on verbal assurances from the seller or estate agent: any irregularities should be identified and dealt with before the final deed is signed.
Which Documents Should Be Requested Before Completion?
To protect themselves, buyers should obtain the necessary documentation in good time so that the property can be properly checked.
Depending on the characteristics of the property, the following documents may be requested and reviewed:
- the property’s title deed or deed establishing the seller’s title;
- an up-to-date cadastral report and, where useful, a historical cadastral report;
- the cadastral floor plan;
- building permits and planning documentation;
- any applications or procedures for regularisation;
- documentation relating to CILA, SCIA, building permits, or other authorisations, where applicable;
- documentation relating to the certificate of occupancy/usability, where required and available;
- the APE – Energy Performance Certificate;
- documentation relating to utility systems and installations, where available and necessary;
- the condominium regulations;
- the minutes of the most recent condominium meetings;
- a statement from the condominium administrator concerning the status of condominium payments;
- any documentation relating to extraordinary works that have been approved or planned.
Not all documents serve the same purpose, and not all of them are always required in the same way. The documentation to be obtained should also be assessed in light of the type of property and the specific circumstances.
Condominium Expenses: What the Buyer Should Know
Condominium expenses are an aspect that should not be underestimated before completion.
The buyer should ask the condominium administrator for an updated statement of payments and review the most recent meeting minutes, paying particular attention to any:
- outstanding payments or arrears;
- extraordinary works;
- resolutions that have already been approved;
- condominium disputes;
- expenses that have yet to be allocated among the owners.
Article 63 of the provisions implementing the Italian Civil Code provides, under certain conditions, for joint liability between the buyer and the seller for condominium contributions relating to the current year and the preceding year.
For this reason, before completion it is advisable to clarify contractually how expenses will be allocated and to obtain the relevant documentation from the condominium administrator.
Particular attention should be paid to extraordinary expenses: determining who is responsible for them cannot be based solely on the date on which payment is made. It is also necessary to consider when the expense was approved and any arrangements contained in the preliminary agreement or the final deed.
What Happens If Irregularities Are Discovered Before Completion?
What can a buyer do if, after signing the preliminary agreement, they discover that the property has problems?
The answer depends on the nature of the irregularity, what was provided for in the preliminary agreement, and the seriousness of the breach.
It would not be correct to say that the buyer can always and automatically suspend payment or withdraw from the contract because of any discrepancy.
In practice, it may be necessary to:
- ask the seller to regularise the situation;
- set a deadline for performance;
- amend the contractual arrangements;
- provide for specific safeguards in the final deed;
- postpone completion until the problem has been resolved;
- in more serious cases, consider terminating the contract and the consequences provided for by law and by the preliminary agreement.
Before taking steps such as refusing to sign the final deed or requesting the return of the deposit, it is therefore advisable to have the preliminary agreement and documentation reviewed by a professional.
Confirmatory Deposit: What Protection Does the Buyer Have?
The confirmatory deposit (caparra confirmatoria), governed by Article 1385 of the Italian Civil Code, can provide important protection for the buyer.
If the party who received the deposit is in breach of contract, the other party may, in the circumstances provided for by law, withdraw from the contract and demand twice the amount of the deposit.
However, the buyer should not confuse this remedy with an automatic right applicable to every problem that arises before completion.
The possibility of withdrawing from the contract and requesting twice the deposit depends on the existence of an attributable and sufficiently serious breach, as well as on the specific content of the agreements that were signed.
Alternatively, instead of withdrawing from the contract, in certain circumstances it may be possible to seek judicial enforcement of the agreement, including the transfer of ownership pursuant to Article 2932 of the Italian Civil Code, together with any applicable damages.
Confirmatory Deposit vs. Penalty Deposit: Pay Attention to the Difference
The two concepts should not be confused.
A confirmatory deposit serves as security for the performance of the contract.
A penalty deposit (caparra penitenziale), governed by Article 1386 of the Italian Civil Code, is instead connected with the possible exercise of a right of withdrawal where such a right has been expressly agreed by the parties.
Before determining what consequences arise from the failure to complete the sale, it is therefore essential to establish which type of deposit was actually provided for in the preliminary agreement.
Buying a Home with a Mortgage: What Protection Does the Buyer Have?
When the purchase is conditional upon obtaining a mortgage, one of the main forms of protection is to include in the preliminary agreement a suspensive condition linked to obtaining the financing.
The clause should be carefully drafted, specifying, where possible, elements such as:
- the minimum amount of the mortgage requested;
- the deadline by which approval must be obtained;
- the documentation required to demonstrate the outcome of the application;
- the consequences if the financing is not obtained.
This can prevent the failure to obtain financing from automatically constituting a breach by the buyer where the contractual conditions are satisfied.
However, it is important not to confuse the bank’s initial assessment of the applicant’s income and financial position with the subsequent technical and legal assessment of the property: the lender may carry out an appraisal and additional checks before granting the financing definitively.
PIES and Mortgage Information
Before the credit agreement is concluded, the consumer receives the PIES (European Standardised Information Sheet), which allows them to compare the financial characteristics of the mortgage.
Among other things, the PIES contains information on the financial terms of the loan, the interest rate, the APRC, the amounts involved, and the costs associated with the transaction.
For someone buying a home, carefully reviewing this documentation before signing is important in order to understand the overall cost of the financing.
Who Chooses the Notary for the Completion?
In a real estate transaction, the choice of notary normally belongs to the buyer, who ordinarily bears the notarial costs relating to the purchase deed and the taxes due in connection with the purchase, unless otherwise agreed or specific provisions apply.
The seller or estate agent cannot impose a particular notary on the buyer.
Choosing the professional sufficiently early also allows the buyer to submit the property documentation for review and identify any potential issues before the scheduled completion date.
Can the Buyer Request a Draft of the Final Deed Before Signing?
Yes. It is advisable to request the opportunity to review the contents of the deed in advance, particularly when the transaction involves special or complex circumstances.
The draft makes it possible to check, among other things:
- cadastral details;
- the property’s title and chain of ownership;
- the purchase price and payment arrangements;
- any mortgages to be cancelled;
- planning and building declarations;
- arrangements for delivery of the property;
- any encumbrances or easements;
- agreements concerning condominium expenses and works;
- any sums deposited with the notary.
A preliminary review allows the buyer to approach completion with greater awareness and to correct any inaccuracies in good time.
Can the Buyer Enter the Property Before Completion?
Entering the property before completion does not automatically constitute a right of the buyer.
The parties may, however, agree on early delivery or early transfer of possession, setting out the relevant conditions and responsibilities in detail.
It is advisable to put the following matters in writing:
- the date on which the keys will be handed over;
- the purpose of access to the property;
- responsibility for any damage;
- payment of utilities;
- condominium expenses;
- any works to be carried out;
- what happens if the sale is subsequently not completed.
Particular caution is required when the buyer wishes to begin works before ownership has been transferred: investing significant sums in the property before completion may expose the buyer to risks if the transaction ultimately does not go through.
When Are the Keys Handed Over?
The keys are normally handed over at the time of completion, in accordance with the parties’ agreement.
However, early or delayed handover can also be agreed.
If handover takes place after completion, it is advisable to expressly regulate in the contract:
- the deadline by which the seller must vacate the property;
- any penalty for delay;
- access arrangements;
- how expenses will be handled during the period of deferred handover.
Before signing, it is also advisable to carry out a final inspection to verify that the property corresponds to what was agreed and is in the condition required by the contract.
Registration of the Preliminary Agreement: An Important Protection for the Buyer
The mere registration of the preliminary agreement primarily has a tax-related function.
By contrast, recording the preliminary agreement in the Land Registers (trascrizione del preliminare) provides additional protection against certain subsequent acts and adverse registrations.
In practical terms, recording the preliminary agreement makes it enforceable against third parties within the limits established by law and may protect the buyer, for example, against the risk that after the preliminary agreement the seller carries out certain transactions incompatible with the future purchase.
For this reason, recording the preliminary agreement can be particularly important in transactions where a significant period of time is expected to elapse between the preliminary agreement and completion.
How to Really Protect Yourself Before Completion
Knowing the buyer’s rights is important, but exercising them at the right time is even more important.
Before paying the balance of the purchase price, it is advisable to:
- have the preliminary agreement reviewed by a professional;
- appoint a qualified technician to verify planning and building compliance where necessary;
- check the cadastral documentation;
- verify the mortgage and encumbrance situation;
- obtain up-to-date information from the condominium;
- check for any approved extraordinary works;
- verify the APE and the required documentation;
- agree in writing on the timing and arrangements for delivery of the property;
- carry out a final inspection;
- inform the notary of any problems that have emerged sufficiently in advance.
The objective is not simply to reach completion, but to arrive at the signing knowing exactly what is being purchased and which obligations remain the seller’s responsibility.
Buyer’s Rights Before Completion – Frequently Asked Questions
Can the Buyer Refuse to Sign the Final Deed if They Discover an Illegal Building Alteration?
It depends on the nature of the alteration, its seriousness, whether it can be regularised, and the obligations set out in the preliminary agreement.
Not every irregularity automatically gives the buyer the right to withdraw from the contract or refuse to complete without consequences.
Before making a decision, it is advisable to have the situation assessed by a qualified technician and by a legal or notarial professional.
Who Has to Pay to Regularise the Property?
The allocation of the costs may depend on the parties’ agreement and on the nature of the work required.
If the seller has undertaken to deliver or transfer the property in a compliant condition and free from certain irregularities, it will be necessary to examine the preliminary agreement and the specific obligations undertaken.
Can I Ask to See the Property Documents Before Completion?
Yes. It is advisable to obtain the necessary documentation in good time so that the property can be properly checked.
The specific documentation to be reviewed depends on the characteristics of the property and its legal, planning, and building situation.
If the Seller No Longer Wants to Complete the Sale, Do I Lose the Deposit?
Not necessarily.
If the deposit is a confirmatory deposit and the seller is in breach, Article 1385 of the Italian Civil Code may allow the buyer to withdraw from the contract and request twice the amount of the deposit, or to use other remedies provided by law.
However, the contract and the specific breach must be assessed on a case-by-case basis.
Can I Choose the Notary?
Yes. In an ordinary real estate transaction, the choice of notary belongs to the buyer.
It is advisable to contact the notary sufficiently in advance of the scheduled completion date.
Can I Enter the Property Before Completion?
Only if the seller agrees and the parties adequately regulate the early handover or access arrangements.
As a general rule, this is not an automatic right of the buyer.
