TO BUY A HOUSE

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Purchaser's Obbligations

The purchaser's main obligation is obviously to pay the agreed price to the vendor at the time the sale contract is completed. Where an advance payment has been made as a deposit, the difference must be paid to make up the full agreed price.

It is legitimate for the purchaser to request a deferment of payment, but it is not his right to insist upon it, it being left to the discretion of the vendor whether or not to grant this: the purchaser's obligation to pay the price in full derives from the purchase and the consignment of the asset (for possible forms of guarantee relating to the granting of deferred payment).

On this point, attention must be drawn to the provisions of decree-law no. 223 of 2006, which obliges the parties to a conveyance to advise in detail the method of payment of the sale price, and to declare whether one of the parties or both of them have made use of an agent.

Furthermore, given that the law forbids the use of cash for amounts over Euro 12,500, the obligation to pay may be fulfilled by a non-transferable bank cheque, a non-transferable personal or postal cheque or a direct bank transfer, even if the latter is very often preceded by an irrevocable mandate given by the purchaser to the bank financing the purchase to pay that amount directly to the vendor.

As for consignment of the asset, the purchaser has the option not to make full payment in the case where the property is not released by the vendor: the agreement between the parties may include the choice of one of multiple possible solutions (full payment without consignment, the vendor being given a deadline to provide vacant possession; stipulation of a penalty; payment of the balance only on vacant possession: in this last case, however, it will be necessary after the conveyance to prepare a further notarised document called a discharge, whereby the vendor, having consigned the property and received the balance of the money from the purchaser, gives the latter a release (or discharge) regarding payment of the sale price.