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Italian Supreme Court on the preliminary contract and identification of the property for sale

Real estate law

Italian Supreme Court on the preliminary contract and identification of the property for sale

In Resolution no. 5536 of 2024, the Italian Supreme Court ruled that the validity of the preliminary contract does not necessarily require the cadastral data of the property to be sold.

In particular, the Supreme Court has established that in the case of preliminary contracts for the purchase and sale of real estate, it is not necessary to provide an extremely detailed and complete description of all the elements of the property that will be the subject of the future contract. Rather, it is sufficient that the parties agree on the essential criteria for identifying the property and that the object of sale can therefore be determined on the basis of certain identification criteria.