Buying a house in Italy, the role of the Notary
The figure of the Notary in Italy for real estate sales
The purchase of a real estate property is always a very important step in the life of any person and for this reason it must be extremely protected, it is a complex operation full of pitfalls, which cannot be tackled without the advice of an expert.
The problems that could arise when buying a house are many: it is necessary to pay attention to the figure of the seller and the buyer, to the goodness of the purchase that the seller in turn made in the past, to the conditions of the property from the in view of its consistency and its urban and cadastral regularity, to issues relating to the security of the agreed payments, and to a multiplicity of other aspects endowed with a considerable level of technicality, often not fully understood by non-experts.
Precisely to guarantee the highest level of security and seriousness in the purchase of a real estate property in Italy, Broker Immobiliare Exclusive Real Estate employs highly specialized personnel with great experience in the sector of buying and selling luxury properties, especially of significant value and complexity.
This high level of professionalism and experience of our Real Estate Company is in any case constantly accompanied by specific advice from a particular legal figure, the Notary, whose function is to ensure the successful outcome of the purchase and sale transaction.
With his intervention, the Notary, a figure characterized by characteristics of indisputable seriousness and considerable technical preparation, places himself in a situation of impartiality with respect to the seller and the buyer, guaranteeing both one and the other, and assuming the full, unconditional and undoubtedly burdensome responsibility for the positive conclusion of the sale, from every point of view.
Precisely for these reasons, the notary is able to provide all the useful or necessary information for the success of the deal. In particular, the notary's checks focus especially on the fact that the seller has become the legitimate owner of the property offered for sale and that no prejudicial formalities are imposed on the property itself: this expression means that the property must not be encumbered by mortgages ( voluntary, legal or judicial) and that there must be no other constraints, such as those deriving from a seizure, an attachment or a legal claim.
Another check that the notary performs is that relating to the urban planning, building and cadastral regularity of the property that is the object of the sale: the law in fact prevents or limits the marketing of properties that present abuses or that are not correctly recorded in the Land Registry, both from the point of view from the point of view of their classification, and from the point of view of their graphic representation.
The notary also performs another series of diversified checks: by way of example, the notary verifies the powers of signature and the capacity of the parties stipulating the contract, their marital property regime, the fulfillment of the rules on energy performance, the tax regime to which the contract is subject, the entitlement to any concessions, etc.
The choice of the notary is absolutely free and left to the discretion of the parties: however, in the context of real estate sales, the choice of the notary is generally reserved to the purchasing party, being the same burdened with the payment of the fees due to the notary, unless otherwise agreed.
The Notary is a public official set up to receive deeds inter vivos and last wills (wills), attribute them public faith, keep them and issue copies, certificates and extracts.
The deed drawn up by the Notary is a public deed, because the Notary is authorized to attribute public faith to it (therefore he is a public official); and as such it has a particular legal effect: what the Notary certifies in the notarial deed is full proof, therefore it must be considered true, even by the judicial authority.
The law prescribes the notarial deed for those deeds and contracts of which it wants to guarantee the legality, the identity of the parties and the conformity to their will to the maximum degree, because it considers them of greater importance:
- for their economic-social content or for their complexity (e.g.: sales, divisions, mortgages and other real estate contracts, deeds of incorporation of commercial companies and modifications of company statutes, constitutions of associations that intend to obtain legal status, etc.) ;
- for the effects they produce in relation to the marital status of a person (e.g.: recognition of a natural child);
- for the public interest in the free manifestation of a person's will and its precise translation into legal language (eg: will, donation).
By law the notarial council checks that the Notary exactly observes his duties to him (including the obligation to pay damages for which he is responsible); and intervenes, upon request, to settle disputes between the Notary and the clients.
Broker Immobiliare Exclusive Real Estate, a company specializing in the sale and purchase of luxury properties, based in Forte dei Marmi in Tuscany, makes use of proven professionalism within its team, as well as consultancy, also in foreign languages, from Notary and Law Firms , who can follow customers at all stages of the sale.
