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Caparra confirmatoria and Caparra penitenziale. What the difference?

Posted by on in Taxes in Italy
Deposit to buy a house in Italy

DOWNPAYMENTS

Do you know what caparra means? Caparra means a deposit, a down payment.
But, did you know that there are two different kinds of Caparra?
Caparra confirmatoria and Caparra penitenziale, it is important to know that there are substantial differences amongst the two.

Caparra confirmatoria and Caparra penitenziale.
What the difference?


CAPARRA CONFIRMATORIA
- In case of default in completing on the agreed terms, the purchaser will automatically lose the whole of the deposit paid.
- Conversely, if the vendor is to blame, he will be under a binding legal duty to pay to the buyer twice over, the sum originally received as a deposit.
- In addition further sums may be payable, if it is proved that the damages actually exceed the amount of the deposit.

CAPARRA PENITENZIALE
- Subject to the actual wording of the contract, it will enable either or both parties to the contract to withdraw from the transaction.
- By allowing the vendor to keep the deposit paid, in the case of the buyer withdrawing.
- Or compelling the vendor to return the deposit received, where the vendor wishes to terminate the contract.

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