An offer binds you in two cases. If it is irrevocable for a stated period, as is often the case in property purchases, revocation has no effect until that period expires (Civil Code art. 1329). If it is revocable, it binds you once the seller accepts and you learn of the acceptance, because at that moment the contract is concluded (art. 1326); until then you can revoke it (art. 1328). If it contains the essential terms, the accepted offer already works as a preliminary contract. Withdrawing after acceptance therefore amounts to breach, unless a right to withdraw against a caparra penitenziale was agreed (art. 1386). If you paid a caparra confirmatoria, the seller may keep it (art. 1385), and the agent’s commission remains due because the deal was concluded (art. 1755). The next step is described in our buyer’s guide to the Italian compromesso.
