The firm provides independent legal assistance to buyers and sellers of residential and commercial property in Italy.
We have many years of experience in dealing with the transfer of real estate property all over Italy, in particular the central regions of Tuscany, Umbria, Le Marche, Abruzzo and Lazio. We handle a wide range of property types at all end of the market, ranging from new constructions to ruined monasteries, historic castles and stately homes.
The purchase or sale of property or land in Italy is formalised by the signing by both parties of a public deed of sale in front of a Notary Public. The Notary is an impartial public official who has a duty towards both parties and a responsibility to ensure that the transaction complies with the law and that the correct registration taxes are paid by the buyer.
There is no obligation for the parties to be represented by their own conveyancing lawyer in Italy, so many purchasers choose not to appoint one. Many first time buyers assume the presence of the Notary will guarantee that the correct legal procedure is followed, but in reality although many Notaries perform thorough checks on the property, including the existence of mortgages or debts registered against the property, there are other legal issues that may not be addressed that are more in the interests of one party than of the other, which may need negotiation and assistance in the drafting of the preliminary contract or final deed.
International buyers are of course more familiar with culture of hiring an independent lawyer to look after their interests, and many choose to instruct our firm as an extra safeguard against the risks of buying in an unknown legal system in an unfamiliar language. Our service includes a full due diligence procedure into all legal aspects of the title and compliance with property regulations, from the moment a price is agreed, and can extend to visiting the property if advisable, for example to consider issues relating to historic rights of way, local farmers pre-emption rights, or the layout of the property. We can help the purchaser instruct a reputable architect or surveyor, and can agree terms of business and prepare contracts for renovation or construction works. We will be on hand to draft or review the written offer, preliminary contract or final sale deed to ensure the purchaser is fully protected.
LANDLORD AND TENANT
We can advise on the rights of both Landlord and Tenants and draft tenancy agreements for short-term rental or standard fixed term contracts.