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Buyer does not show up at the deed signing: what to do and how to protect yourself
You signed the preliminary contract, waited for the agreed deadlines, and on the day of the deed signing the buyer does not show up at the notary. It is a situation that creates confusion and frustration, but one that the law regulates very clearly. Knowing what happens if the buyer does not appear at the deed signing makes the difference between passively enduring a stalemate and responding with concrete legal tools. In this article, we explain the seller’s rights, the available options, and how to reduce the risk of default already at the preliminary agreement stage.
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What is the deed signing and why it is binding
The deed signing is the notarial deed, a public document through which ownership of a property is officially transferred from the seller to the buyer. It is the moment when all obligations undertaken in the preliminary contract are definitively fulfilled before a public official who certifies its validity.
It is important to distinguish between preliminary contract and deed signing, because the consequences of a breach change depending on the stage in which it occurs. The preliminary contract is the agreement by which both parties commit to entering into the final contract: whoever signs it undertakes to sell, and whoever accepts undertakes to purchase, under the agreed terms. The deed signing is the act that gives effect to that obligation.
The failure of the buyer to appear at the deed signing is therefore not a simple inconvenience: it is a contractual breach with specific legal and financial consequences, which the seller has the right to enforce.
What happens if the buyer does not show up at the deed signing
If the buyer does not appear before the notary, the seller has two main options, as regulated by Article 1385 of the Italian Civil Code.
The first is to retain the earnest money deposit paid by the buyer at the time of the preliminary contract. This is the quickest and least burdensome solution: the seller withdraws from the contract and keeps the entire amount received as a deposit, without having to prove the damage suffered.
The second option is to seek compensation for damages equal to twice the amount of the deposit paid, or to request specific performance of the contract, meaning asking the court to issue a judgment that produces the same effects as the non-executed deed signing. This second option is viable when the deposit is small compared to the actual damage, or when the seller has a specific interest in completing the sale under those conditions.
An important point: when the buyer fails to appear at the scheduled appointment with the notary, the notary is required to draw up an official record certifying the failure to appear. This document is essential to formally prove the breach and forms the basis for any subsequent legal action.
What happens if the buyer does not show up at the preliminary contract
A different situation arises when the buyer fails to meet their obligations already at the stage of the preliminary contract, for example by not showing up to sign the preliminary contract or by refusing to sign it after having accepted the offer.
At this stage, the consequences largely depend on the type of deposit agreed upon. The earnest money deposit, as regulated by Article 1385 of the Italian Civil Code, allows the seller to withdraw from the contract and keep the amount received, or to seek double compensation. The penitential deposit, on the other hand, is a mechanism that allows either party to withdraw freely from the contract by paying a predetermined amount: it offers less protection to the seller, as it does not allow claims for damages beyond the agreed sum.
To enforce their rights, it is necessary to act within the deadlines set by the contract and the law, formally notifying the defaulting buyer—preferably by registered mail with return receipt or certified email (PEC)—and keeping all documentation related to the negotiation.
How to protect yourself in advance: clauses to include in the preliminary contract
The best protection against buyer default is built before the problem arises, during the drafting of the preliminary contract.
The suspensive clauses are among the most delicate elements to balance: while on one hand they protect the buyer in the event of a mortgage not being granted, on the other hand they can leave the seller in a prolonged state of uncertainty. It is essential to clearly define the conditions, deadlines, and consequences in case the conditions are not met, in order to avoid grey areas that may encourage non-performance.
It is equally important to establish clear deadlines and timeframes for the execution of the deed signingwithin the preliminary contract, with adequate penalties in case of delay. A well-drafted preliminary contract does not eliminate the risk of default, but it significantly reduces ambiguity and strengthens the seller’s position in the event of a dispute.
Relying on an experienced professional in drafting the preliminary contract is a form of preventive protection that is far more valuable than any litigation that a poorly structured contract may generate.
Why rely on Engel & Völkers
Managing a complex real estate transaction, and even more so dealing with a buyer’s default, requires experience, expertise, and the ability to act with clarity in the most critical stages of a real estate negotiation.
Engel & Völkers supports the seller at every stage of the process: from property valuation to the drafting of the preliminary contract, all the way through to the management of the most delicate situations. Professional advice from the very first stages of the negotiation is the most effective way to reduce the risk that the buyer may fail to appear at the deed signing, and to know exactly how to respond should it happen.
FAQ on the buyer failing to appear at the deed signing
No, unless a penitential deposit was agreed upon in the preliminary contract, which allows both parties to withdraw from the contract by paying the agreed amount.
The seller must take action within the limitation periods established by law, which for contractual breach claims are generally ten years. However, it is advisable to formally notify the buyer as soon as possible after the breach, in order not to weaken their legal position.
The notary cannot force the buyer to appear, but they are responsible for drafting an official report certifying the buyer’s failure to appear. This document is essential for formally documenting the breach and serves as the basis for any subsequent legal action.
Yes, but only after formally exercising the right to withdraw from the preliminary contract. Before putting the property back on the market, it is essential that the contract has been legally terminated in the required manner, in order to avoid legal complications with the previous defaulting buyer.
If the breach is due to causes beyond the buyer’s control, such as a sudden hospitalisation, the situation must be assessed on a case-by-case basis. In general, it is possible to agree on a new appointment, but if no agreement is reached, the seller retains their contractual rights.