Buying a house under construction: the preliminary contract

The preliminary contract is of fundamental importance in the purchase of a house under construction, given that it contains a detailed description of the property, the completion times of the work and the total price to be paid.

In order to guarantee the purchaser correct and complete information on the content of the contract he is required to stipulate, the Law Decree of 20 June 2005 no. 122 has bound the validity of the contract to the respect of a “minimum” content

In particular, the preliminary contract must contain: the information necessary to identify the subjects of the contract and the object of the contract;

the description of the property and all its appurtenances for exclusive use (box, attic, etc.). Particular attention must be paid to the real measurements of the building, taking into account the incidence of the perimeter walls, balconies, verandas, etc.;

the details of the building permit or its request if not yet issued, as well as any other title, complaint or authorization for construction;

the technical characteristics of the building, with particular reference to the load-bearing structure, foundations, infill walls, floors, roofing, fixtures and systems;

the maximum terms of execution of the construction, also possibly related to the various processing phases;

the indication of the total price to be paid for the sale;

the details of the surety;

the possible existence of mortgages or prejudicial transcripts of any kind on the property (foreclosures, seizures, judicial claims, passive easements, urban planning charges or constraints, other);

the possible indication of the existence of contractors with the indication of the relative identification data.

An essential element of the preliminary contract is certainly the price . In this regard, the contract must specify:

the total amount to be paid. Be careful because declaring a lower price than the one actually agreed can have serious fiscal and civil consequences;

the methods of payment of the price: cash, check, bank transfer or by compensation (apartment in exchange for land);

the terms for the payment of the various advances and the balance which normally coincides with the deadline set for the completion of the works and for the signing of the final contract;

any sums paid as a deposit . In particular, it must be specified whether it is a confirmatory deposit or a penitential deposit.