Judgment no. 18681/2024: The necessity of identification in a preliminary real estate sale agreement

The recent judgment no. 18681 of July 9, 2024, has generated considerable interest in the field of real estate law, particularly regarding the stipulation of preliminary sale agreements. This ruling by the Court of Cassation addresses a crucial issue: the exact identification of the property subject to the preliminary agreement, a matter with significant practical implications for the parties involved.

The legal context of the judgment

The Court dealt with a case where a preliminary real estate sale agreement concerned a generic item. The central question was whether the object of the contract could be determined through acts and facts external to the agreement. The Court's answer is clear: in the case of a judicial ruling pursuant to art. 2932 of the Italian Civil Code, the exact identification of the property in the preliminary agreement itself is necessary.

“(PRELIMINARY AGREEMENT) (DEFINITION, CHARACTERISTICS, DISTINCTION) - SPECIFIC PERFORMANCE OF THE OBLIGATION TO CONCLUDE THE CONTRACT Preliminary real estate sale agreement of a generic item - Object of the contract - Judicial ruling pursuant to art. 2932 of the Italian Civil Code - Necessity of exact identification of the property with the preliminary agreement - Existence - Basis. In the case of a preliminary real estate sale agreement of a generic item, its object can be determined through historical acts and facts external to the agreement, even subsequent to its stipulation, only in the hypothesis where the identification of the asset to be transferred occurs at the time of the consensual conclusion of the final contract, and not when, instead, it pertains to a judicial ruling pursuant to art. 2932 of the Italian Civil Code, in which case it is necessary that the exact identification of the property, with the indication of boundaries and cadastral data, results from the preliminary agreement, as the judgment must correspond exactly to the content of the contract, without being able to draw from other documentation the data necessary for the specification of the asset subject to transfer.”

Practical implications for the parties

The judgment in question emphasizes the importance of drafting preliminary agreements with the utmost care. It is essential for the parties involved to clearly specify the object of the contract, providing details such as:

• Precise identification of the property;
• Indication of boundaries;
• Cadastral data.

The lack of such information can compromise the validity of the contract and the possibility of obtaining adequate execution in case of litigation.

Conclusions

In conclusion, judgment no. 18681/2024 represents an important milestone in Italian jurisprudence concerning preliminary real estate sale agreements. It underscores the need for clear and precise identification of the property in the preliminary agreement, establishing a principle that may influence future contractual practices. Professionals in the sector and private individuals must pay particular attention to this aspect to avoid legal problems and ensure the certainty of their rights in the real estate sector.