You ask, Rogitando answers.

Is it mandatory to register the preliminary contract (compromise), or can you skip directly to the notary deed?
Real estate agents are required to register preliminary sales contracts drawn up as a result of their activities.
In general, for deals concluded with the intervention of real estate agents, registration is mandatory for:
– Preliminary contracts
– Acceptance of the proposal, when the clauses included in the proposal are sufficient and necessary to determine the conclusion of a preliminary sales contract.

On the other hand, the following are not subject to registration:
– Sales commissions given to the mediator
– The purchase proposal
– Acceptance of the proposal that is not sufficient in itself to determine the conclusion of a preliminary sales contract.

Certainly, it’s not such a simple choice to make.
The evaluation is carried out by also analyzing some elements and aspects of company organization, for example:

– The information on the website;
– Advertising and marketing actions;
– Professional skills;
– Territorial coverage, networks, and partnerships.

However, this is not a universal law, so don’t rely on improvisers, squatters, or personnel who isn’t qualified for the profession.
Many mediation companies have “collaborators” who are not qualified for the profession and who handle your property. Always demand that each of them shows you the ID card with photo and registration number issued by the Chamber of Commerce.

You might not know the risks involved in buying a house from a donation, nor the proper precautions to take when purchasing a house from an inheritance declaration, two completely different property titles that should not be confused.
The inheritance declaration is one of the ways in which one can become the owner of a house and is essentially a tax obligation. When the owner of a house passes away, the legitimate heirs fulfill what is the inheritance declaration and so become legitimate owners of that house.

You may find yourself considering the purchase of a house originating from an inheritance; thus, with the seller being the “legitimate heirs” of a deceased person.
What you need to know is that to fulfill the inheritance declaration of a house, it is sufficient that the house is registered, so providing a cadastral survey to those who handle the drafting and compilation of the inheritance declaration is all that is needed.

However, remember that there is no urbanistic reference on that inheritance declaration, nor is there any reference to the urbanistic legitimacy of the house to the municipality.
These are pieces of information that you cannot obtain from the inheritance declaration.
You can find references to the urbanistic legitimacy of that house, for example, in the deceased’s property title.
There’s no problem if you buy a house from an inheritance declaration; you just need the right attention and additional preparation because if you ask yourself, “Is it possible for a house to be registered but completely unauthorized?”, the answer is absolutely YES!

Discrepancies for which solutions are provided do not pose any problems to the conclusion of the deal; the important thing is to ascertain them in the preliminary phase of the sale.

So, ensure that those discrepancies are solvable and agree on and manage the issue of “who does it” and “when to do it”, whether before or after the purchase proposal.

Deed of the property’s origin,
Access to urban and cadastral documents,
Energy performance certificate,
Comprehensive technical report,
Condominium certification through which the administrator provides you with a release document attesting that there are no condominium dues pending either at the ordinary or extraordinary level.

There are two steps to complete before selling the property.
The first step is the inheritance declaration, which is a tax-related obligation that involves compiling a list of assets owned by the deceased and determining the taxes to be paid in order to transfer those assets to the heirs.
This step can be done through the website of the “Agenzia delle Entrate” (i.e. the equivalent of the US Internal Revenue Service) or a Tax Assistance Center (“CAF”).
For the property’s title, you’ll need to pay the cadastral registration fee.

The second step involves the tacit acceptance of the inheritance, which allows for historical continuity in the property’s registrations and provides additional guarantees to the buyer.
Before selling, it’s advisable to visit a notary and sign the tacit acceptance of the inheritance, which may be demanded by the potential buyer.

Remember that for the sale of a property involving multiple heirs, all must agree, as the signature of all owners will be required during the notarial deed.

Cadastral compliance requires that the actual state matches what is reported in the floor plans held by the “Agenzia delle Entrate” (i.e. the equivalent of the US Internal Revenue Service).
Before 2017, at a planimetric level, it was probably the necessary document to proceed with the deed of sale, and any differences between the reality of the property and the cadastral floor plan could be rectified by adapting one condition to the other.
This is no longer allowed.

It is necessary for the actual state and the cadastral floor plan to also match the urban planning documentation filed with the municipality.

Our company initiates a “due diligence” of all documentation and, in partnership with the qualified technician, verifies the overall compliance of the property.

The current regulations regarding real estate transactions require the mediation company, towards the seller, to have a comprehensive technical report (“RTI”) drawn up. Through access to documents and various data and measurement collection phases, the qualified technician must verify, ascertain, and certify that the actual state, the cadastral floor plans, and the urban planning documentation coincide. Any discrepancies identified can be resolved in accordance with the law.

Our advice is to rely on real estate mediation companies organized in such a way as to anticipate deadlines, avoiding missing sales opportunities, or, worse, failing to complete the deed of sale by the notary.

The confirmatory deposit is the sum of money that one party gives to the other at the time of accepting the purchase proposal or at the conclusion of the preliminary contract, in support of the contractual commitment assumed by the parties.
This creates obligations for both the seller and the buyer to definitively conclude the subsequent sales contract.

The penalty deposit, instead, immediately establishes the amount of money that the withdrawing party will lose in case of withdrawal.

To recap:
– The confirmatory deposit consists of the payment of a sum of money that one of the contracting parties will retain in case of non-compliance by the other party.
– The penalty deposit is a sum of money that one party gives to the other as compensation for the right of withdrawal.

The habitability certificate attests to the existence of safety, hygiene, health, and energy-saving conditions of residential buildings, ensuring that the installations in these residential properties comply with the law.
In the past, there was a distinction between the habitability certificate and the usability certificate.
The former certified residential properties, while the latter certified commercial properties.

The “testo unico dell’edilizia” (DPR 380/2001) merged the two certificates, so today there is only the usability certificate or, more specifically, the “SCCEA” (i.e. Certified Signaling of Building and Usability Conformity).

If you need to make a profit and invest your capital, the real estate purchase contract is currently the most profitable method for an investor who buys a property and then resells it with the sole purpose of making a profit

The real estate market in Italy almost always allows for a profit to be made, as houses are sold both in a rising market and in a downturn: the data proves it.

There are multiple strategies to make a profit, such as through adequate renovation to increase its value or, where allowed, through a change in intended use, and even through a property splitting project to create multiple units for sale from a large house

Our company can help you achieve your goals, allowing you to obtain a very interesting margin compared to classic banking or similar investment channels.

As briefly discussed in other sessions, splitting is one business method involving dividing the surface of a property into smaller ones.
For example, a 150 sqm property could be transformed into two 75 sqm proprieties, making the sale easier and allowing for greater profit margins.

Therefore, splitting is a type of investment in line with the needs of modern investors, but it requires careful market analysis, cost analysis, and compliance with the urban planning regulations in force in the municipality where the property is located.

Before reaching the final draft of the deed of sale at the notary, there are two important steps:
The purchase proposal;
The preliminary contract, or compromise, in which the obligations of the parties are defined.
In these circumstances, the potential buyer pays sums of money, for different purposes.

If money is paid as “down payment money,” a bond is established between the parties regarding the non-achievement of the objective.
In case of non-compliance by the seller:
the latter must return twice the amount received as deposit money to the buyer.
In case of non-compliance by the buyer:
the seller can retain the amount received as deposit money.

The tax treatment in this case will be 0.50% of the amount paid, but this amount can be subsequently recovered from the registration tax that must be paid when the final deed of sale is concluded.

If you pay sums of money as a “down payment” such a sum only represents a random intention by the buyer to potentially conclude the sale.
In case of reconsideration, the amount must be returned to the buyer, except for compensation for damages that the performing party may request from the non-performing party.

The tax treatment in this case is 3% of the amount paid as a down payment, but in this case too, it can be deducted from the registration tax that will be due when the final deed of sale is concluded.

Why is it necessary to sign a preliminary purchase agreement, or compromise, for the property? Signing a preliminary purchase agreement is not only to establish the timelines within which one party undertakes to sell and the other to buy, nor is it only to define the agreed-upon payment methods and amounts.
Signing a preliminary purchase agreement means committing to conclude the sale and also, if signed in the presence of a notary, it means ensuring that the preliminary contract is transcribed in the real estate registers, that is, to establish the obligation of the seller to sell that house only to that buyer.

Transcribing the preliminary agreement entails some additional costs compared to the non-transcribed preliminary agreement, but it produces a “booking effect”, guaranteeing the buyer against potential subsequent prejudicial entries on the property, such as: real rights (ownership, surface, long lease, usufruct, use, habitation, servitude), mortgages, the seller’s bankruptcy, etc.

Making purchase offers conditional on loan approval can create issues related to the seller’s acceptance, as they might not be willing to wait two, three, or four months to receive confirmation that the bank has granted the loan to the buyer.

Therefore, the advice to the potential buyer is to act in advance and approach a bank capable of offering a “preliminary approval” service, which is a formal promise of granting the bank loan. Through this act, the credit institution commits to disbursing the financing.

With the preliminary approval document, it will be easier to persuade the seller to wait for the necessary time for the loan disbursement, guaranteed precisely by the “preliminary approval” document held by the potential buyer.

The property title is the document certifying that the selling party is indeed the owner of the property, and particular attention should be paid to the inheritance declaration.
The inheritance declaration occurs, for example, when a parent passes away, and the children fulfill the inheritance procedures to become owners of a specific property or assets.
Once the declaration process is complete, the heirs become legitimate owners and can sell those assets or the property.

Why pay particular attention to the inheritance declaration?
Because it’s the only property title in which you may not find the necessary information regarding the true owner of the property.

The notary is not responsible for your purchase and cannot substitute for certain responsibilities of the parties, as previously discussed in various sessions.
This topic, therefore, represents one of many valid reasons to rely on reputable real estate mediation companies.
Both the seller and the buyer, especially the latter, must be aware of and carefully review all documents attesting to the property’s compliance, documents filed with the municipality and the land registry, urban planning compliance, various enabling documents or licenses or building permits, the occupancy permit, and the energy performance certificate.
In short, all this cannot be delegated to the notary, but the parties must be supported and coordinated by the mediation company to prepare the correct documentation for a final and smooth deed of sale by the notary.

Among the information to request at the first appointment, we can certainly include the following:
– Price of the property;
– Heating costs and condominium expenses;
– Taxes to be paid at the notarial deed;
– Whether there are verified urban planning or cadastral discrepancies;
– Energy rating of the property;
– The maintenance status of the building or the condition of the villa if it is an independent house.

With the 216/2011 (the “thousand extensions decree”), the regulation on first house subsidy has been modified.
Before the decree, to benefit from the subsidy, it was enough to move residence to your new home within a year, if the purchase was made through a mortgage or, otherwise, within 18 months.

With the new decree, residence can be moved within 37 months.
However, if you want to sell your first house within 5 years without losing the tax incentives, you’ll just need to repurchase a new property within two years and seven months from the date of the deed.

The real estate mediation company will conduct a series of checks to present the seller with a market analysis that will lead to the most probable market value of that particular property for that specific historical moment and in a particular homogeneous area where the property subject to appraisal is located.

An indisputable historical reference will be the sales made in the last two years within a suitable range for properties with similar characteristics.

Another reference parameter could be provided by real estate websites where the selling prices of properties advertised by mediation companies can be found.
However, it’s necessary to consider that these are not definite parameters, and the price published on the website does not always equate to the actual final negotiation.

Finally, a reference parameter can be expressed by the square meter value published on the website by the “Agenzia delle Entrate” (i.e. the equivalent of the US Internal Revenue Service) through the “OMI” portal, the Real Estate Market Observatory.

Let’s clarify this topic.
The term “non-probative” has nothing to do with notions regarding the urban planning compliance of properties or issues related to the cadaster itself.

“Non-probative” means that the cadaster does not vouch for to the actual ownership of a specific property even if properly registered and titled to a person.
Reading in a cadastral survey that the property is titled to Mr. John Doe does not provide any evidence that he is or isn’t really the owner.

The only probative document proving the ownership of a property is the deed of sale and/or the deed of origin of that property, which proves the ownership and therefore the history of the property itself.

These are two complex topics due to the different facets that such conditions entail within a real estate purchase proposal.

The suspensive condition suspends the legal consequences of the contract until the condition is met by a certain date; therefore, in this case, the transaction legally cannot be considered concluded but suspended.
A typical example of a suspensive condition is when the buyer proposes to purchase the property provided he obtains a suitable bank loan by a certain date, or the buyer proposes to purchase provided he signs a preliminary contract for the sale of their previously listed property by a certain date.
These are typically the most complex situations to manage: imagine having two identical offers from two buyers.
One of them contains a suspensive condition tied to a loan or to the sale of another property, while the other offer is straightforward and without constraints.
If you were the seller, what would you do? Which of the two would be more concrete and appealing to you?

The resolutive condition, on the other hand, acts on the contract in exactly the opposite way to the suspensive condition; that is, the contract is legally valid in all respects, but there is a condition whose occurrence by a certain date releases both parties from the contractual obligation.

To sum up,
– A suspensive condition means the transaction is legally not concluded; it will be concluded when the condition is met;
– A resolutive condition means the transaction is legally concluded; the contractual obligation is resolved only when the condition is met.

Unfortunately, more and more often the definition and concept of house seller is associated with the figure of the professional real estate mediator.
Fortunately, they are two different things; the real estate mediator is the professional authorized for the profession, while the house seller, who has never passed the qualifying exams and is not suitable for the profession, aims only to conclude contracts to collect their commission.

It is normal, therefore, for a potential seller or buyer to have doubts about the category.
For example, if anyone who does not know how to buy a property or simply wants to buy that particular property, falls into the hands of a house seller, they could risk relying on the wrong person, losing money, not receiving the right attention and service, and could therefore buy a property with hidden defects or disguised discrepancies.

Sometimes we find ourselves facing properties built before the year 1967 for which the deeds of sale of those properties state “the construction of the house dates back to a time before 1967”.
Starting from the 1940s, especially in cities, building regulations were already in place, and it was possible to build only with a regular building permit issued by the municipality, while outside the cities, in extra-urban areas, in provinces, or in smaller municipalities, it was still possible to build freely because those municipalities did not have specific building regulations.

Only after September 1967, the obligation to regulate construction, and therefore to obtain a specific building permit before building, was extended to the whole country.

So why do we need to pay more attention if a property was built before 1967?
Simply because the notary is not obliged to specify the details of the building permit issued for the construction of that house.
Remember that the verification of the urban planning compliance of the property is up to the parties, therefore to their declaration made at the time of the deed of sale.

So, it’s up to you to verify if that property was really built respecting the regulations of the time.

Here’s another valid reason to rely on a serious real estate mediation company.

It may seem paradoxical, but it’s true.
You can confidently make a purchase offer for a property without a habitability certificate, by signing in front of a notary that the parties are aware that the property lacks the certificate.

However, this declaration must have a sense of responsibility of the parties and must not be merely a mean to conclude the deal, which might not be a deal after all.

Here’s what we recommend:
Verify and ensure that the property meets the requirements to obtain the certificate.
Check the total costs required to obtain the certificate.
Verify the timelines involved.

In this way, signing a contract for a property without a habitability certificate makes sense, being aware that you can regularize that situation.

It’s different when you rely on the wrong people who still encourage you to conclude the deal, and then over time, you realize you have problems, but by then it’s too late.

We are in the most beautiful country in the world with the highest number of UNESCO World Heritage sites.
It may happen that you want to purchase an apartment subject to the constraints of the Fine Arts precisely because of its cultural and historical interest.
What important aspects should we consider?
Verify if you need to perform two notarial deeds;
one with the property owner,
the other, after 60 days, will involve the waiver by the Ministry of Cultural Heritage to potential preemption.

In some cases, it may be appropriate to request the services of a qualified architect to verify any renovations or changes to be made in order to submit the project to the municipality for renovation permits and then present the project to the Superintendency.

Each real estate unit in its pre-sale phase needs to obtain an energy rating.
This document attests to the actual energy performance of a specific property. With the collaboration of a qualified and certified technician, an inspection of the property will be carried out, and based on certain checks and verifications, the Energy Performance Certificate (APE) will be drawn up.
The result of this evaluation will be expressed with a letter, from A4 to G, within which the worst result is G, and the top is represented by the letter A4 or A++++.

Following the presentation of the European directive on energy efficiency of residential buildings, potential buyers are paying even more attention to this aspect.

As you can imagine, the market law predicts that properties with worse energy classes will likely receive a request for a price reduction during negotiations or as already happens, they will be completely discarded.

Simply because the attributed value was wrong. Nowadays, all free evaluations are dictated by approximate market considerations, because often sellers or potential sellers are so presumptuous as to think that their property is the best, the most beautiful, the most special.

Another reason is related to the fact that people rely on house sellers who, in order to acquire the assignment, promise or deceive you about the selling price.
Only after entrusting them with the assignment will you discover that these same sellers who have actually deceived you will tell you that the market at that time does not perceive that value, and therefore they will ask you to lower the selling price.

A correct initial evaluation is synonymous with a correct conclusion of the deal, both for the seller and the buyer.

The act by which one disposes of one’s assets for the time after one’s death is called a will

Depending on the object, testamentary dispositions are distinguished into:
Institution of heir,
where the testator disposes of the entire estate or a share of it, without specifying the assets of the bequest.

Legacy,
where the testator disposes of one or more specifically identified assets.

The different types of wills are:
Public,
a will received by the notary in the presence of two witnesses
Holographic:
a will written entirely, dated, and signed by hand by the testator
Secret:
an act drawn up by the testator and delivered to the notary who seals it in an envelope.

However, there are limits to testamentary freedom; the possibility of disposing of one’s assets by will isn’t absolute.
There are limits:
Prohibition of successor agreements;
Joint or reciprocal will;
Succession of legitimates;
Legal succession.

Therefore, before buying or selling a property, it is necessary to assess and have the correct information to avoid unpleasant surprises.

Lack of complete documentation to certify that your property is free from defects/discrepancies.

A selling price much higher than the value emerged from a correct market analysis.

Low-quality marketing, referring to any tool necessary for the sale.

Management of visits in the presence of the owner.
(any buyer who visits a property needs to experience that precise and important moment in total relaxation, without the fear of expressing any observation or comment).