Review and Negotiation of Purchase Offers and Preliminary Contracts

In Italy, the real commitment in a property transaction often begins much earlier than foreign buyers expect. A “simple” purchase offer or a standard preliminary contract can already bind you, decide what happens to your deposit and determine how easy or difficult it will be to walk away if something goes wrong.

This service is for buyers who already have a draft document in front of them – an offer, a reservation form, a preliminary contract – and want a clear, written legal view before signing or paying significant sums.

Our assistance is provided primarily in writing, in English, so that every risk, option and suggested change is documented. This ensures clarity, avoids misunderstandings and gives you a text you can rely on in future discussions with the seller, the agent and the notary.

What we review in your offer or preliminary contract

When you send us your draft documents, we do not simply check if “everything looks standard”. We read them from the perspective of your interests as a buyer, and test how each clause will work in real life.

Typically, we examine:

Nature and effect of the document

  • whether your “offer”, reservation form or proposal already qualifies as a binding contract
  • whether and when it becomes binding upon the seller
  • how it interacts with any future preliminary contract and the final deed

Price, deposits and payment structure

  • how much you are required to pay at each stage (offer, preliminary, final deed)
  • whether payments are refundable and under which conditions
  • how the deposit is structured (caparra confirmatoria, acconto, other) and what you risk if you cannot or do not wish to complete

Deadlines and conditions

  • time limits for signing the preliminary contract and the final deed
  • conditions that protect you (for example, financing, satisfactory due diligence, delivery of documents)
  • what happens if the seller or you do not meet a deadline

Allocation of risks and responsibilities

  • who is responsible if legal or practical issues emerge (liens, disputes, irregularities, unpaid condominium fees)
  • how hidden problems are handled and what remedies the contract gives you
  • any clauses that attempt to exclude or limit your rights as buyer

Use, possession and handover

  • when you legally acquire ownership and when you actually gain possession
  • how keys, utilities and use of the property are regulated between signing and completion

The focus is always on how these clauses affect you as a foreign buyer who may not be on site and is often wiring significant sums from abroad.

How we negotiate and protect your position

Once we have analysed your draft, our work is to translate legal risk into concrete contract changes, in writing, so you can either negotiate directly or let us support you in discussions with the other parties.

Our written advice typically includes:

  • a plain‑language summary of the main risks and weak points in your draft
  • a list of clauses that should be added, deleted or rewritten, with suggested wording
  • explanations of why each change matters for you and how it would work in practice

Where appropriate, we can also assist in the negotiation phase by:

  • preparing written counter‑proposals or revised versions of the offer or preliminary contract
  • providing you with key phrases and arguments to use with the seller, agent or notary
  • reviewing updated drafts until the text reflects the protections you need

The goal is not to “fight” over every line, but to lock in the protections that really matter: control over deposits, clear conditions, realistic deadlines and fair allocation of risk.

Written assistance as a deliberate choice

All our advice in this service is intentionally provided in writing. There are several reasons for this:

  • it gives you time to read, reflect and ask further questions without pressure
  • it creates a clear record of the risks we have identified and the protections we suggest
  • it allows you to share our comments with your family, other advisors or the notary
  • it avoids the misunderstandings that often arise in fast phone calls across languages and time zones

Calls or video meetings can be added if useful, but they are always built on a solid written analysis that remains available to you.

When this service is most useful

Our review and negotiation service is particularly important when:

  • you have been sent a purchase offer, reservation form or proposal and are being asked to sign quickly to “secure” the property
  • an estate agent or seller has prepared a preliminary contract, and you are not sure what you are committing to
  • you are about to pay a substantial deposit (often 10–30% of the price) and want to understand what you risk losing and in which scenarios
  • there are specific concerns about timing, building or legal issues, or you have already seen that something in the property file does not look entirely clear

Even if you feel that the property is “simple” or the price is relatively modest, remember that real estate is, by definition, a valuable asset and that signing a binding contract under Italian law without a legal review can create problems that are far more expensive than the cost of checking the documents in advance.

If you already have a draft offer or preliminary contract for a property in Sardinia and you would like a clear written opinion on what it really means for you, you can contact us and share the document and a short description of your situation. We will review the text from your point of view as buyer and provide concrete, written suggestions on how to adjust it so that it truly reflects your interests and your level of risk tolerance.