Blog · October 16, 2026
What if I back out after paying the deposit?
Ask the Scout · Episode 6
The short answer
EP06 · What if I back out after paying the deposit? In Italy the deposit you pay when you sign the preliminary agreement is usually a confirmatory deposit (caparra confirmatoria). If you back out without a good reason, the seller can keep it; if the seller backs out, you can claim double the deposit back (Civil Code, art. 1385). The signed agreement should say whether a payment is a deposit or part of the price.
In plain English
The side that did not back out can choose instead to go to court, to enforce the purchase or to end the agreement and claim damages; keeping or doubling the deposit and claiming larger damages cannot be combined. When the deed of purchase is signed, the deposit is counted toward the price, and payments go by bank transfer or non-transferable cheque, not cash. General info: for your own case, check with your notary.
Ask the Scout #6 by Piedmont Scout #MoveToItaly #Piedmont #ItalyRealEstate
You back out
- Without a good reason
- The seller can keep the deposit
The seller backs out
- You can claim double the deposit
- The signed agreement says if it is a deposit or part of the price
- Payment by bank transfer, not cash
- Assume you always get the deposit back
Transcript
Buyer: I paid the deposit. If I back out, I just get it back, right?
Scout: Not with a confirmatory deposit, the usual kind in Italy.
Buyer: Wait. So who keeps it?
Scout: If you back out without a good reason, the seller can keep it.
Scout: And if the seller backs out, you can claim double the deposit.
Scout: The signed agreement should say if it's a deposit or part of the price.
Buyer: So I check the paperwork before I pay!
Scout: Exactly. For your own case, check with your notary.
Made with AI: the characters are animated and the voices are AI-generated.
Sources
- Normattiva, Codice civile, art. 1385 (Caparra confirmatoria)
- Consiglio Nazionale del Notariato, Garanzia preliminare: La caparra e l'acconto
Facts checked: 16 October 2026. General info, not legal or tax advice. Check your own case with a notary or commercialista.
More from Ask the Scout
- Is the purchase tax on the price I pay? (episode 10)
- Can I pay for an Italian house in cash? (episode 8)
- What is the energy letter (A to G) on an Italian listing? (episode 5)
Related guides
- Is it safe to buy Italian property online?
- Buying a second home in Piedmont: where to start
- How Piedmont Scout works
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