Buying a home, besides pursing a dream, is an important decision that must be faced with seriousness and participation. Buying a property is an investment and it is essential to know and understand the processes and obligations of buyers and sellers, as well as the legal implications of the contracts and the rules regarding money transfers. This brief guide aims to illustrate with transparency and experience the purchase / sale processes that are characteristic of the Italian legislation in this regard. Operating in the sector for over twenty years, our goal is to satisfy the real expectations of those who are interested in selling or buying a property, accompanying the customer even in the most delicate phases, from the initial compromise to the final notarial deed.
The judicial system provides that the agreements concerning the transfer of ownership are in writing and must comply with the specific rules with some fundamental requirements and the fulfillment of certain obligations.
The purchase proposal is presented by the potential buyer to express the intention in the purchase of the house under certain conditions. This act, to be presented strictly in writing, must contain the following information: exact identification of buyers and sellers, details of the property with cadastral references, the deed of origin and the floor plan, building and urban planning compliance and any presence of mortgages, a price that the buyer offers, payment methods and times. In the case of a loan, it is advisable to indicate at least 30 days from the acceptance before the stipulation of the notarial deed, data of the real estate agent and their registration in the role, amount of commissions to be paid to the real estate agent and times, and deadline by which the proposal will be accepted.
Should the buyer request a loan, it is necessary to indicate that the proposal is subject to obtaining the loan.
The purchase proposal is generally accompanied by the payment of a sum to witness the intention to purchase. This sum can be paid by a non-transferable check made out to the seller. In the event that the proposal is not accepted, the mediator will have to return this sum back to the buyer, who will not be able to ask for further compensation. In case of acceptance the sum is paid to the seller and is deducted from the final price.
Only after the acceptance of the purchase proposal of both parties obliged to stipulate the final contract of sale. In this case, depending on the clauses included in the proposal, it will be possible to enter into a preliminary sale contract or go directly to the deed with the conditions indicated in the purchase proposal. The choice to enter into a subsequent preliminary contract guarantees further checks and verifications, both on the building and on the contracting parties.
The preliminary sale contract may be the first agreement between the future (promisor) seller and future (promisee) buyer or he may follow a previous purchase proposal accepted by the seller. It is an act that binds both parties to the stipulation of the final contract and is generally accompanied by the payment of a deposit or down payment. In the event of default, it involves:
- Loss of deposit or deposit if the sale gets forfeited by the buyer.
- Return to the buyer twice the amount paid if the seller is to prevent the deed.
With the preliminary sale contract, the parties undertake to enter into a new contract, the final contract of sale, in which the transfer of ownership will take place.
The preliminary sales contract must also contain the exact identification of buyers and sellers, the exact description of the property with relevant land registry identification numbers, the guarantees and obligations of the seller and any problems to be solved before the notarial deed transfer of ownership. In addition, the sale price and method of payment including the details of the deposit, the details of the history of the property, as well as the details of the planning of the authorizations. Details of any liens, such as mortgages and the date by which the notarial deed must take place. To comply with the laws on financial transparency in Italy, payments must be by check or bank transfer.
When registering the preliminary contract, the following taxes must be paid, which will then be recovered upon finalization:
- 0.50% on the deposit
- 3% of the amounts paid as a down payment price.
The final contract of sale establishes a real obligation to transfer the ownership of the property.
When the final contract of sale is signed, it is implemented immediately without any other formality.
This contract provides for the obligation for the buyer to pay the price and for the seller the obligation to deliver the property without defects or defects of any kind.
The final real estate sale contract is entered into before the Notary and subsequently entered in the property registers..
This step is essential because the real estate registers are able to provide us with information on the legal course of a property and therefore make it known to anyone about the transfer of the property.
The notary is a public official and an expert in the judicial field. He is a figure of absolute integrity with considerable technical expertise.He is appointed in an area by the Ministry of Justice. The choice of the notary is generally left to the buyer.
The notary is responsible for ensuring that the transfer of ownership is carried out in a correct and legal manner and before completion must check that the owner is entitled, that the property is available for sale and that there are no impediments (debts / mortgages, rights of third parties, etc.). The notary will have to reconstruct the changes of ownership over the last 20 years to ensure the continuity of the transcriptions and will check the identification of the property. Urban planning compliance is the responsibility of the parties who can rely on a trusted technician.
The language of the deed will be the Italian language, as well as the competence and laws governing the contract are governed by Italian jurisdiction. For foreigners who do not speak the Italian language the deed must be translated by an interpreter who will be happy to provide at the time of stipulation or which will be provided directly by the notary office.
P.S. The information is provided in good faith and refers to the general aspects of a real estate sale.