Tabularium

Working with an Italian estate agent

The commission is not automatic.

In Italy an agent has to earn the right to be paid, and the law says exactly when that right exists. Foreign buyers almost never find this out, because the only person who would explain it is the one being paid.

When you owe a commission, and when you do not

The trigger is not the keys. It is the moment the seller accepts your offer — which is much earlier than most buyers expect, and is why the rest of this page matters.

It is owed

When the deal is concluded through the agent’s involvement. Concluded means the accepted offer or the preliminary contract, not the deed. The agent does not have to have followed every step: a causal link is enough.

art. 1755 c.c.

When you can walk away, and what it costs

The moment the seller’s acceptance reaches you, the offer is a contract. From then on getting out has a price — but the price depends entirely on why you are getting out, and one of the three ways pays you.

Until they accept, only you are bound

A written offer is irrevocable for the number of days written on it: the seller can take it or leave it, and you cannot pull it back. The moment their acceptance is communicated to you it becomes a preliminary contract in full. There is no cooling-off period after that.

artt. 1326, 1385 c.c.

What they are obliged to tell you

The agent must pass on the circumstances they know, or should have known using professional diligence, that affect the value or the safety of the deal. It is a contractual duty, and breaking it costs them money.

The moment that counts

What counts is what they knew when the deal was concluded — the accepted offer. Silence at that moment is still silence, even if the terms change later.

Cass. 11371/2023

What has actually been awarded

These are not hypotheticals. Each row is a decided case or a rule with a number attached.

What is not enough

A defect that could only be found by accessing municipal files and sending a surveyor, which the agent was not instructed to do and could not have known. That one falls on the surveyor, if you engaged one — which is the argument for engaging one.

Cass. 32264/2025; Cass. 19075/2012

Keep everything

The burden of proving the loss is yours. Keep everything in writing: the listing, the messages, the emails, the offer, every statement they made.

If you have already paid one

A lot of commissions did not have to be paid

Not less — nothing at all, with the agency having to give back everything you already paid. It happens more often than anyone will tell you, because the law is precise about when an agency has earned its commission, and almost nobody goes back to check whether it had.

Whether it happened to you, this page cannot say. It takes going through your own papers one at a time — the mandate, the offer, the invoice — and then a letter that has to be right first time.

Get the commission back, €290 →

Ten questions to ask before you work with an agency

Ask them in one message, in writing. How they answer tells you as much as what they answer. Keep every reply: months from now, the written record of who did what is the only thing that settles a commission dispute.

Before you sign their form

Everything above tells you what the law gives you. What it does not tell you is what this particular purchase costs, or which of the documented traps apply to it. That is what the calculator is for, and it is free.

Work out what your purchase actually costs →

Or see The whole picture, €79 →


Checked on 25 Aug 2026

This page states documented rules with their sources. It is not legal advice: for your own case, take it to a lawyer.