It depends on which deposit your compromesso provides for. With a caparra confirmatoria (Civil Code, art. 1385), a party who backs out without justification is in breach: the other party may withdraw and keep the deposit, or claim double if the seller is the one in breach. The innocent party may instead sue to enforce the contract, or to terminate it and claim damages. Both withdrawal and termination require a breach that is not minor (art. 1455). With a caparra penitenziale (art. 1386), the contract grants a right to withdraw and the deposit is the price of using it: a withdrawing buyer loses it, a withdrawing seller repays double, and nothing further is owed. The wording decides which regime applies, so read it closely; our buyer’s guide to the Italian compromesso walks through the sequence.
