How to Buy Property in Milan: From Offer to Rogito

You have found a property in Milan and your purchase offer has been accepted. What happens next, and how long does it take?

The process moves through several distinct stages: the seller formally accepts the offer, any suspensive conditions are resolved, the deposit and agency commission are paid, a preliminary contract may be signed, the notary carries out legal checks, and the transaction closes at the final deed, known in Italy as the rogito.

The exact sequence depends on the wording of your offer, whether a mortgage is involved, and whether the parties sign a separate preliminary contract (compromesso).

Important: A purchase offer can create binding legal obligations from the moment it is accepted. This article provides general information only and cannot replace advice from a notary, lawyer or qualified technical professional.

Step 1: The Seller Accepts the Purchase Offer

A purchase offer (proposta d’acquisto) initially binds the buyer for the period stated in the document. The seller may accept it within that deadline.

Once the seller accepts, the buyer is typically asked to countersign the document per presa visione, for acknowledgement. This signature confirms that acceptance was properly communicated and is not a renegotiation of the terms.

According to the Italian National Council of Notaries, a sufficiently complete accepted purchase offer generally constitutes a preliminary sale agreement. Both parties are committed to completing the transaction under the agreed terms, subject to any conditions written into the contract.

Step 2: Suspensive Conditions Must Be Resolved

Many purchase offers contain one or more suspensive conditions (condizioni sospensive). Common examples include obtaining mortgage approval, confirmation of planning or cadastral compliance, receipt or verification of specific documents, the sale of another property, and the absence or cancellation of a specific legal issue.

While a suspensive condition remains pending, the contract’s effects depend on the precise wording of the clause. The parties must verify whether the condition is met within the stated deadline and document the outcome formally.

In many agency transactions, the buyer’s cheque is held by the estate agent and not released to the seller until all suspensive conditions have been satisfied. The offer must clearly specify who holds the money, when it becomes a caparra confirmatoria, when it can be collected, and what happens if a condition is not met.

If you are navigating this process as an international buyer, our guide to buying property in Milan as a foreigner explains the additional considerations that apply to non-Italian residents.

Step 3: The Deposit and Agency Commission Become Payable

Once all contractual conditions are satisfied, the initial payment is normally released or paid to the seller under the title specified in the contract, often as a caparra confirmatoria.

The legal distinction between a deposit, a down payment and a simple guarantee matters because each produces different legal consequences if one party later defaults.

The estate agency will also request its commission at the stage established in the mediation agreement and under applicable law. Where a genuine suspensive condition is involved, commission timing may be linked to the occurrence of that condition. Buyers should verify the agency’s invoice trigger, amount and VAT treatment before signing the offer.

Step 4: The Accepted Offer or Preliminary Contract Is Registered

An accepted offer that already contains the essential terms of the transaction may legally operate as a preliminary contract, regardless of how the document is titled.

The Italian Revenue Agency requires that a preliminary sale agreement be registered within 30 days of signing. When an estate agent participated in concluding the agreement, the agent has specific registration obligations.

Registration gives the contract a recorded date and allows applicable registration taxes to be paid. It should not be confused with transcription in the Land Registers, which provides stronger protection against certain later events and requires a notarial deed or authenticated private agreement.

Do You Need a Separate Preliminary Contract (Compromesso)?

There are two common paths after offer acceptance: the accepted offer followed directly by the rogito, or the accepted offer followed by a separate preliminary contract and then the rogito.

A separate compromesso is useful when a mortgage creates a long wait, an additional deposit will be paid, new obligations need to be regulated, or the parties want a notarised and possibly transcribed agreement.

With a cash purchase and a nearby completion date, parties often proceed directly to the rogito. Since a complete accepted offer may already constitute a preliminary contract, the real question is whether a second, more detailed document adds meaningful value to the transaction.

Step 5: Choose the Notary and Submit the Documents

The buyer normally chooses the notary. Request quotations early and compare what each includes, rather than looking at the final figure alone.

Once appointed, the notary receives the accepted offer, any separate preliminary contract, and the documents relating to the parties and the property. The estate agency often coordinates document transfer, but the buyer should remain actively involved and confirm that the file is complete.

Documents commonly required include identity documents, tax codes and marital status information, the seller’s title deed, cadastral plans and data, mortgage and Land Register information, building and planning documents, condominium information, the energy performance certificate (APE, as defined by ENEA), and payment, deposit, mortgage and agency details.

Step 6: The Notary Carries Out Legal Checks

The notary verifies title, mortgages, liens and registrations, checks the identity and legal capacity of the parties, examines the contractual history, and prepares the final deed. The notary also calculates and collects the taxes due at completion.

The notary’s work does not replace technical due diligence. An architect, surveyor or engineer may still be needed to assess the property’s physical condition and its planning, building and cadastral compliance. At Mihouz we coordinate this process on behalf of our clients — you can learn more about our buyer assistance service.

For a straightforward transaction, preparation typically takes around one month, but there is no fixed timeline. A mortgage, missing documents, an inheritance matter, an existing charge or a technical irregularity can all extend the process.

Use the Waiting Period Productively

The weeks before the rogito can be used actively, with the seller’s consent. Buyers can arrange access to take detailed measurements, invite an architect or contractor, obtain renovation quotations, plan a new layout, prepare furniture and delivery schedules, and organise utilities, insurance and the move.

This can save considerable time after completion. However, buyers should not begin works and should be cautious about placing non-refundable orders before legal and technical checks are complete and all suspensive conditions are resolved.

Step 7: Sign the Rogito and Receive the Property

At the rogito, buyer and seller sign the final deed before the notary. The balance of the purchase price is paid according to the agreed method, taxes and notarial costs are settled, and the keys are normally handed over unless the contract provides otherwise.

Ownership transfers with the final deed, not with the purchase offer or the preliminary contract. After signing, the notary registers the deed, files the Land Register transcription and updates the cadastral records.

Summary Checklist: From Offer to Rogito

The typical sequence after offer acceptance is: communication and acknowledgement of acceptance, resolution of any suspensive conditions, release or payment of the deposit, payment of the agency commission when due, registration of the accepted offer or preliminary contract, execution of a separate preliminary contract if useful, appointment of the notary and delivery of documents, legal and technical checks, preparation and signing of the rogito, and finally payment, transfer of ownership and delivery of the keys.

FAQ: Buying Property in Milan After the Offer Is Accepted

How long does it take from offer acceptance to rogito in Milan?
For a straightforward transaction without a mortgage, the process can take as little as four to six weeks. With a mortgage, missing documents or technical issues, it typically takes two to four months or longer.

What is a caparra confirmatoria in Italian property law?
A caparra confirmatoria is a deposit paid by the buyer that creates mutual obligations. If the buyer withdraws, they forfeit the deposit. If the seller withdraws, they must return double the amount. It is one of the most common deposit structures in Italian property transactions.

What is the difference between a compromesso and the rogito?
The compromesso is a preliminary contract that commits both parties to completing the sale. The rogito is the final notarial deed that transfers legal ownership. Not every transaction requires a separate compromesso, and in some cases parties proceed directly from the accepted offer to the rogito.

Does the buyer choose the notary in Italy?
Yes. In Italian property law, the buyer normally selects and pays the notary. It is advisable to request quotations from more than one notary and compare the full scope of services included.

What happens if a suspensive condition is not met?
If a suspensive condition fails, the contract’s effects depend on the specific wording of the clause. In many cases the transaction does not proceed and the deposit is returned. The offer must specify this clearly, and buyers should always review these clauses carefully before signing.

Do I need a property finder to buy in Milan as a foreigner?
You are not legally required to use a property finder, but international buyers often benefit from local support in coordinating between the estate agency, notary and technical professionals, and in navigating the procedural and linguistic complexity of an Italian property transaction. You can read more about how Mihouz works and what we cover at each stage of the process.