{"id":11190,"date":"2019-04-13T11:36:20","date_gmt":"2019-04-13T11:36:20","guid":{"rendered":"http:\/\/www.alessandropasqual.it\/preliminare-trascritto-o-registrato-differenze\/"},"modified":"2022-11-03T10:05:57","modified_gmt":"2022-11-03T10:05:57","slug":"preliminary-transcribed-or-recorded-differences","status":"publish","type":"post","link":"https:\/\/www.alessandropasqual.it\/en\/preliminary-transcribed-or-recorded-differences\/","title":{"rendered":"Preliminary transcribed or recorded? Differences"},"content":{"rendered":"\n<div class=\"wp-block-ht-block-toc  is-style-outline htoc htoc--position-wide toc-list-style-plain\" data-htoc-state=\"expanded\"><span class=\"htoc__title\"><span class=\"ht_toc_title\">Table of Contents<\/span><span class=\"htoc__toggle\"><svg xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"16\" height=\"16\"><g fill=\"#444\"><path d=\"M15 7H1c-.6 0-1 .4-1 1s.4 1 1 1h14c.6 0 1-.4 1-1s-.4-1-1-1z\"><\/path><path d=\"M15 1H1c-.6 0-1 .4-1 1s.4 1 1 1h14c.6 0 1-.4 1-1s-.4-1-1-1zM15 13H1c-.6 0-1 .4-1 1s.4 1 1 1h14c.6 0 1-.4 1-1s-.4-1-1-1z\"><\/path><\/g><\/svg><\/span><\/span><div class=\"htoc__itemswrap\"><ul class=\"ht_toc_list\"><li class=\"\"><a href=\"#htoc-qual-la-differenza-tra-preliminare-trascritto-o-registrato\">What is the difference between transcribed or recorded preliminary?<\/a><\/li><li class=\"\"><a href=\"#htoc-preliminare-di-compravendita-registrato-in-agenzia-delle-entrate\">Preliminary of sale registered in the revenue agency<\/a><\/li><li class=\"\"><a href=\"#htoc-preliminare-di-compravendita-trascritto-in-conservatoria\">Preliminary of sale transcribed in the conservatory<\/a><\/li><\/ul><\/div><\/div>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"htoc-qual-la-differenza-tra-preliminare-trascritto-o-registrato\">What is the difference between transcribed or recorded preliminary?<\/h2>\n\n\n\n<p>In this article we will see the differences between the transcription and the registration of a preliminary sale, how it is done but above all why it is done.<\/p>\n\n\n\n<p>We start from an assumption.<\/p>\n\n\n\n<p>In a real estate sale negotiation, the weaker party in the contract is always the buyer. In fact, the latter has only one obligation until the transfer of ownership, that is to pay certain sums of money within the established terms.<\/p>\n\n\n\n<p>Against this obligation, its only protection and guarantee is the preliminary sales contract.<\/p>\n\n\n\n<p>But what if this contract is not done correctly?<\/p>\n\n\n\n<p>Unfortunately there is the risk of losing the advance payments and also the possibility of buying the property.<\/p>\n\n\n\n<p>The national news is full of cases in which self-styled property owners promise goods for sale (on which they may have no right) collecting deposits left and right, and then run away with the loot as soon as the waters get too rough \u2026.<\/p>\n\n\n\n<p>But let's get to the topic of the article: the difference between recorded and transcribed preliminary.<\/p>\n\n\n\n<p>First of all it is good to specify what it means:<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"htoc-preliminare-di-compravendita-registrato-in-agenzia-delle-entrate\">Preliminary of sale registered in the revenue agency<\/h2>\n\n\n\n<p>Given that the registration of the preliminary is mandatory within 20 days of signing the contract, this procedure is carried out in the revenue agency and has the purpose of giving a certain date to the writing as well as collecting the taxes required by law. What is the purpose of this procedure?<\/p>\n\n\n\n<p>Let's imagine we are dealing with a dishonest seller, one of those who promises to sell the same good to more people in order to collect more deposits and then run away. In the case of contracts stipulated with several buyers, the time priority rule applies, i.e. the one who proves to have stipulated the contract first has the best over the subsequent entitled parties. For this reason, registration with the revenue agency allows you to prove with certainty, in the event of a dispute, who first entered into the preliminary contract.<\/p>\n\n\n\n<p>Haim\u00e8, however, this procedure does not protect you in the event that, after the preliminary agreement, the seller should undergo actions that result in the transcriptions of mortgages or privileges on the property. In this case, the prejudicial transcripts have a priority towards the buyer who has entered into a preliminary contract in the form of a private agreement.<\/p>\n\n\n\n<p>In fact, the registration of the preliminary sale does not guarantee the enforceability of the contract against third parties who can claim rights, but only a certainty regarding the date of stipulation.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"htoc-preliminare-di-compravendita-trascritto-in-conservatoria\">Preliminary of sale transcribed in the conservatory<\/h2>\n\n\n\n<p>Throughout Italy (with the exception of Trentino Alto Adige), the real estate registry office collects all the events of a subject relating to registered real estate and movable property, effectively guaranteeing the storage of data that determine, according to art. 2650 of the Italian Civil Code, the principle of continuity according to which subsequent transcriptions or registrations charged to the purchaser do not produce effect on deeds subject to transcription, where the non-prior deed of purchase has not been transcribed.<\/p>\n\n\n\n<p>The transcription of a preliminary in this register is the most correct way to have one's interests protected because it provides the most important form of legal advertising guaranteeing the opposability of the transcribed documents to third parties \u2026 the so-called booking effect.<\/p>\n\n\n\n<p>The main effect of the registration is therefore to resolve the \"conflicts between several purchasers of the same right from the same assignor\" (Cass. N. 6152\/1996).<\/p>\n\n\n\n<p>The art. 2644 of the Italian Civil Code establishes the fundamental principle of the priority of transcription, according to which whoever first transcribes the deed has preference over the rights of the other assignees (where such rights are incompatible): once the transcription has been carried out, in fact, against the person which has transcribed, no transcription or registration of rights acquired towards its author can no longer have effect, regardless of whether the purchase dates back to an earlier date.<\/p>\n\n\n\n<p>It is important to know that the effects of the transcription of a preliminary \"expire\" after 3 years, so in case of disputes (which in Italy we know can be very long) it is good to renew this right so as not to see one's interests harmed.<\/p>\n\n\n\n<p>Another \"indirect\" advantage of the transcription of the preliminary is that usually a notary is contacted to carry out the contract and the related obligations \u2026. in this case, the public official to stipulate, will carry out all the checks as in a normal sale , guaranteeing a higher degree of truthfulness of the declarations that are usually not checked in the event of a preliminary agreement between private individuals.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What is the difference between transcribed or recorded preliminary? In this article we will see the differences between the transcription and the registration of a preliminary sale, how it is done but above all why it is done. We start from an assumption. In a real estate sale negotiation, the weaker party in the contract [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":7850,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[262,273],"tags":[267,279,266,280,281,282,278],"class_list":["post-11190","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-buying","category-selling","tag-acquisto-en","tag-acquisto-casa-en","tag-compravendita-en","tag-notaio-en","tag-preliminare-en","tag-trascrizione-en","tag-vendita-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/posts\/11190","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/comments?post=11190"}],"version-history":[{"count":4,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/posts\/11190\/revisions"}],"predecessor-version":[{"id":11195,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/posts\/11190\/revisions\/11195"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/media\/7850"}],"wp:attachment":[{"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/media?parent=11190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/categories?post=11190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.alessandropasqual.it\/en\/wp-json\/wp\/v2\/tags?post=11190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}