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The prelude can be fixed for example. B if an immediate sale is not possible because the buyer is looking for a mortgage or the seller is waiting for the delivery of a new home. In order to ensure maximum protection for the potential purchaser, it is important that the preliminary contract be drawn up by the notary with a certified public or private deed, so that it is registered in the land registry. In all other cases, the need for transcription can be assessed with the help of a notary. On the other hand, on the occasion of the signing of the pre-order, the seller receives a substantial down payment (caparra confirmatoria) which could be maintained in case the buyer has abandoned the purchase. If the purchase of the property will be necessary to request the release of a mortgage from the bank, it is advisable to insert in the contract a clause allowing the buyer to withdraw from the purchase free of charge if the bank does not grant the loan. A recurring misunderstanding in the context of a temporary real estate contract is that the contract transfers ownership from the seller to the buyer. Indeed, the interim real estate contract merely lays the groundwork and identifies the general parameters of the final sale transaction and the transfer of ownership, a process that will take place later. If the sale involves a building under construction, the pre-agreement is still necessary and will be the same manufacturer to design it, it will be possible to associate third parties with the preliminary agreement and design a private deed (scrittura privata).

The preliminary contract ("contractto preliminare" is also called "compromesso" - link to guide) is a real contract requiring both parties to sign the final contract. The buyer must be careful before entering PASP. If the buyer does not execute ASP within 5 business days of entering PASP, the PASP is terminated and the provisional down payment (i.e. 5% of the purchase price) is cancelled. The preparation of the pre-agreement may be entrusted to the notary who handles the execution of the sales (rogito); However, if a broker was involved in the sale, he will, in most cases, proceed with the development of the contract. The preliminary contract is a tendering contract and one of the first important steps before the final sale/purchase commitment. Its contents must be carefully developed by a specialist lawyer to avoid any misunderstanding between the parties. At the time of registration of the contract, the following taxes must be paid; they are recovered at the time of signing the final contract: the common features of a temporary real estate contract are the names of the buyer and seller, a legal description or, at least, the address of the property and the date on which the closure is to take place, according to the California Department of Real Estate. A signature line is provided for each contracting party. When preparing a temporary real estate contract, the buyer generally wants a provision allowing him to forego closing the deal without penalty if he cannot obtain adequate financing for the property. Sellers prefer to negotiate with a potential buyer who is previously authorized for a home mortgage. Many customers come to our company and say they have made a written offer, but they have been assured that it would not be an obligation.

This is not always the case, if the seller accepts your offer, it will automatically have the same effects of a pre-contract.

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