The buying process in Italy: some HEADS UP

This brief article is meant to give some heads up on two problems I bump into more and more often.

1. What you have visited is not what you are buying. This happens more often than you could expect.
Properties in Italy are identified by cadastral data, (fogli, subalterni, particelle, etc) which are basically numbers. It may happen that these cadastral data are not exactly included in the offer to buy that you sign, and you might end up buying less property than what you have been shown.
It happens for example, that a piece of land is not included, that an outside building is not included, that a floor is not included, that a parking space is not included. The survey of the geometra/civil engineer not always helps, because they are not meant to check the offer to buy, which is technically a legal document out of the scope of the surveyor. Hence, it is extremely important that you are sure that all the property you have visited is clearly identified in the offer to buy.
If this check is not thoroughly made, the sale could still go smooth, but you become aware of the problem only after buying, when, for example, you park your car in a space someone else claims is theirs. If you are not familiar with cadastral data and legal documents, you may want to seek professional assistance.

2. You lose your deposit. This often happens, unfortunately, when no specific clauses are included in the offer to buy.
Sellers press buyers to pay the deposit. Buyers are anxious not to lose that dream home and are easily pushed into paying, without thinking twice and not knowing the relevant rules applicable to the deposit in the buying process in Italy. The result is that the deposit can be lost.
The advice is to not rush and to include specific clauses in the offer to buy aimed at protecting your money.
Please, make sure that the conditions are properly and legally worded, or they won’t have any value.

This article is not exhaustive and is a guidance only.

If you need assistance in the buying process, please contact us.

 

Barbara De Benedittis Relocation and Legal in Italy