Normally, you have found a property listed in some local Real Estate Agency data base in Italy or maybe you have found a property for sale on the website from a foreign third party Agency.
The first step is avoid what we call the “circle of wolves”. You must of heard the saying “ how many hungry Lawyers is it going to take too make this deal? ” .
1. Find a reputable local Real Estate Agent in the town or area of purchase. One who speaks Italian and English of course! Make arrangements for a site inspection of the property. To save on legal costs at this stage and also speed up the purchasing process.
2. To proceed with the sale of the property have your local working Sales Agent take you to their in house or local Notaio and arrange for a draft of the compromesso (purchase offer) and when ready it should always be signed in a notaio’s office in the town of purchase because he will have done all the preliminary searches and checked that everything is in order faster than an outside lawyer will. A Compromesso copy should be translated in English with the original Italian Compromesso for you to take to your own Lawyer.
3. Avoid Working Backwards …. It is a waste of money and time.
In other words, I recommend you do your business directly in the town of purchase than take your Compromesso Draft before making a deposit and signing it to your own Lawyer for legal advice and overview. Once it has been signed, buyer and vendor are legally committed to the sale, as defined in the document.
Remember and Keep in Mind:
The notaio in Italy is the public official responsible for completing the sale, collecting the taxes and registering the transfer of the property. He is not there to represent either the buyer or the vendor, only to act as a witness for both sides. He is there on behalf of the state to check that the property is the vendor’s to sell, that it is not part of a contested will and does not have any charges against it (such as a prior mortgage or unpaid taxes), and that the property is as described on the land and building registers and conforms to local planning regulations.
Good Luck
Frank Tarsitano
Broker & Land Developer
www.italysouth.org