The Proposta Trap: Why Timing Your Offer Wrong Costs Thousands

The Trap Explained

The Italian property buying system has a crucial asymmetry that catches foreign buyers. In many countries, making an offer is just the start of negotiations. In Italy, the offer itself is a contract.

The problem is timing. Most foreign buyers have not done proper due diligence when they sign the proposta. They discover problems afterwards, when it is too late to withdraw without financial loss.

One couple discovered that the extension on their dream property was never permitted, making it legally unbuildable, only after the deal became irrevocable. They faced a choice: proceed with a property that had a serious legal flaw, or forfeit their 8,000 euro deposit.

How It Happens

The typical scenario follows a predictable pattern:

1. You view a property and fall in love with it. The setting, the potential, the price point.
2. The agent mentions that another buyer is interested. Maybe this is true. Maybe it is not. Either way, it creates urgency.
3. You are encouraged to make an offer quickly to "secure" the property before someone else does.
4. The proposta form appears. It looks like a standard form. The agent presents it as routine procedure.
5. You sign and hand over a deposit. Typically 5,000 to 10,000 euros.
6. The seller accepts within days. You feel relief. The property is "yours."
7. You are now legally bound, and you have not done proper due diligence.
8. Problems emerge during the checks that should have happened before signing.
9. You face an impossible choice: proceed with a problematic property, or lose your deposit.

This is not a scam. It is how the Italian system works. But it works against buyers who do not understand it before they engage with it.

The Binding Moment

Understanding exactly when you become committed is crucial:

The deposit is not just security. It is your penalty for withdrawal. Hand over 5,000 euros, discover major problems, want to walk away? That 5,000 euros is gone.

Agent commission timing: In many cases, the agent's commission becomes due when the proposta is accepted, not at the final deed. Check your agreement. You might owe thousands in commission even if you never complete the purchase.

The Due Diligence Problem

Proper due diligence takes time:

• Geometra survey and cadastral verification: 1 to 2 weeks
• Legal searches (ownership, encumbrances, debts): 1 to 2 weeks
• Planning and permit verification: 1 to 2 weeks
• Reviewing findings and understanding implications: additional time

Agents often pressure quick proposta signing. "Another buyer is interested." "The seller wants a decision this week." "We need to move fast or you will lose it."

But signing before due diligence means committing to a property you have not properly investigated. You are betting thousands of euros that there are no hidden problems. That is a bet many buyers have lost.

Protecting Yourself

Option 1: Due Diligence Before Proposta

The safest approach is to complete at least basic due diligence before signing anything. This means:

• Hire a geometra to verify cadastral accuracy and major permit issues
• Have a lawyer do preliminary legal searches
• Understand what you are buying before you commit to buying it

This costs money (500 to 1,000 euros) with no guarantee you will buy the property. If you decide not to proceed, or someone else buys it first, you have spent money and got nothing. But that is better than losing 5,000 to 10,000 euros because you rushed into a commitment.

The counterargument: Sellers do not want to wait. Another buyer might move faster. This is true. But buying the wrong property costs more than losing a good property to someone else.

Option 2: Conditional Proposta

Some agents and sellers will accept a proposta with conditions (clausole sospensive). This makes your offer conditional on satisfactory due diligence findings, mortgage approval, or other factors.

If the conditions are not met, you can withdraw without losing your deposit. This gives you protection while still showing the seller you are serious.

The catch: Sellers prefer unconditional offers. In a competitive situation, a conditional offer may lose to an unconditional one. And some agents actively discourage conditions because they complicate deals.

Option 3: Longer Validity Period

If you cannot get conditions accepted, at least negotiate a longer validity period for the proposta. Instead of 7 days, ask for 21 or 30 days. Use that time to conduct due diligence before the seller accepts.

This is not perfect protection. The seller can accept any time during the validity period. But it gives you more time to discover obvious problems before you are locked in.

Conditional Offers in Detail

Common conditions (clausole sospensive) that can protect you:

Getting conditions accepted: Frame them as reasonable precautions, not escape routes. Be specific about timelines. Offer a slightly higher price to compensate the seller for the added uncertainty. Have your lawyer draft the conditions properly.

What To Do If You Are Already Committed

If you have already signed an unconditional proposta and the seller has accepted, your options are limited:

• Proceed with due diligence anyway. If you find problems, you have information to negotiate price reductions at the compromesso stage. The seller might agree to fix issues or lower the price rather than risk the deal falling through.
• Negotiate a way out. If you find serious problems, approach the seller directly. They might prefer to release you from the contract (keeping some or all deposit) rather than face a disputed transaction or potential legal action.
• Consult a lawyer immediately. If you discover genuinely material issues that were misrepresented, there may be legal grounds to challenge the contract. This is expensive and uncertain, but possible.
• Accept the loss. Sometimes the best option is to forfeit your deposit and walk away. Losing 5,000 euros hurts. Buying a property with serious legal or structural problems hurts much more over the long term.

The Bottom Line

The proposta d'acquisto is the most dangerous document in Italian property buying. Not because it is unfair, but because it becomes binding faster than most foreign buyers expect.

Before you sign one:

• Understand that you are making a legally binding commitment
• Complete at least basic due diligence, or negotiate conditions that protect you
• Have a lawyer review the document before you sign
• Do not let urgency override caution
• Remember that losing a property to another buyer is cheaper than buying the wrong property

Related Guides

• Due Diligence in Italy - what to check and when
• The Purchase Process Explained - understanding each stage
• Italian Estate Agents - how they work and protecting yourself
• The True Cost of Buying - full breakdown of what you will actually spend