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Italian Riviera is more popular for winter home retreats while the cities
always have that mixed cosmopolitan feel.
An increasing number of foreign nationals have taken
to purchasing property in Italy over the course of the past fifteen
years. The increase in real estate purchases in Italy by foreign nationals
really took off following the integration of Europe into the EU.
Buying a property does not have to be an experience
which leaves you stressed. The Italian legal and tax system may be unfamiliar,
and the form that the conveyance takes different to what you are used
to but good Estate Agents in Italy can help you through this process.
Most Italian properties are freehold and a deposit
of around 10% is usually accepted and is paid to a notary. If the vendor
decides not to sell after signing the preliminary contract, they must
pay double the deposit back. It is wise to check the wording of the
deposit, a 'penitenziale' means you will only lose your deposit if you
withdraw from the sale, while a 'confirmatoria' would mean the seller
could take legal action to force the purchase.
When buying real estate in Italy, you will first sign
a preliminary contract, this can be drawn up by the vendor, agent or
a solicitor/lawyer. The preliminary contract may be preceded by a binding
'buying proposal' called a compromesso, where the buyer is legally bound
to buy, but the vendor and agent are free to consider other offers.
The preliminary contract contains the details of the
sale like the purchase price and financing, plus the completion date
which is normally six to eight weeks. The sale will be completed before
a public notary when the final deed or conveyance of transfer is signed.
The notary issues a certified copy of the deed of sale and registers
the original document with the land registry, which makes you the legal
owner of the property.
There are two kinds of deeds in Italy; a private deed
and a public instrument, this provides more protection and costs slightly
more. When a property is bought by private deed and is subsequently
found to have a charge against it, such as a mortgage, the notary isn't
responsible. When buying by public instrument you can seek legal action
against the notary for professional misconduct.
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