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If you signed the compromesso (promise to pay) it is a contract and even if the seller allows you to back out you maybe liable to pay the deposit if it was a requisite in the compromesso and the agent will  hound/sue you for their commission. There are some legal agencies that will allow a free consultation for a limited telephone/email/WA/ where you may get a better answer or a solution to this issue.

It is a case of sitting down with everyone to explain you don't have the money so cannot complete which is partly due to the fact you were not given the complete details before hand.

I am sorry but this is a perfect example of buyer be aware.

@M Hunt

Thank you for you advice, much appreciated

It doesn't look then.

This is a mess.   So you have signed a proposta or compromesso wich says you have a paid a caparra , even though you havent?   SO as far as the law is concerned you have paid.  But... here the agent is at fault.  Did you sign the contract at a notary or in the office of the realtor?  If the former, the notary should never have allowed it as it breaks all the rules of antiriciclaggio.  If the realtor permitted it, he is totally at fault on various levels.   Technically - if you dont proceed you could lose the deposit (which you havent paid) - so the agent would have problems here.  If you have all the exchanges with the agent in writing,  better still. 

Without the exact details I cant tell you your exact position.    The law howeevr does not permit ignorance of the law as a defence, so you would need to deflect fault onto the agent - which in this case sounds very easy. 

However alot depends on whether it was a n acconto prezzo, caparra confermatoria or caparra pentienziale in the contract.

@Modicasa

Thank you for your advice, I've looked back at the contract and the deposit page of the contract is titled deposito fiduciario.

And I do have all conversations, which was very informal on WhatsApp.

@marazzo

The real estate agent is also saying I have to pay all the real estate fees and not shared with the seller.

But I don't no if it's because it is a very cheap property, and would not be fair on the seller.

OK the agent is taking the p?ss.    You have signed a contract which doesnt sound as though its got much legal base, the agent wants his money even though he hasnt done his job and he wants you to pay the sellers side too.    Have you anything in writing where you have agreed anything like this? 

I suspect the 'agent' is not a licenced agent - is he named and cited in the contract you do have?   If he isnt legal, you dont owe him a cent.  If you want to send me a copy of the contract you signed by email or dm, Ill have a look at it - If the agent isnt mentioned in that contract send me their details and I can check if they are legal or not.

A general guide for anyone checking to see if their agent is legal is this site:   and you can fill in the fields and if it is a licenced agent or agency it should show up.  Not definitive but a good start. 

@Modicasa

Hi thanks again for your advice,

So I was not told verbally nor written down about any fees, that I'm paying all the real estate fees.

The contract does not say his name, it has another name which I presume would be his boss. I also checked my real estate agents name and he is not registered that I can see.

Thanks again.

@marazzo

Just to point out that @Modicasa is in the real estate game, so knows what they are talking about. I would take up their offer and send a copy. To send a PM click on their name, that will bring up their profile. There you you can send a private message.

Good luck.

SimCityAt

º£½ÇÂÒÂ× Team

Its important to know if this contract is a proposta di acquisto or a preliminare di vendita.   Unless it is specifically agreed otherwise, the buyer is only responsible for his fees.  however, whether anything is due is up for debate at this point.    Do you speak Italian?  Was the contract in English as well as Italian? all of these become important because the contract could well be null and void - Italian law requires that you have to know what you are signing.  The agents website may have something where his fees are written down, and by using the website you have tacitly agreed to his conditions. So it's not an open and shut case - if you want to send me the link to the agents website or a copy of the contract, Ill take a look.

@Modicasa

I don't speak Italian, the contract was sent to me in English. Can I take you up on your offer to send you the contract, I did try but not sure how too, it's on my email.

Thanks