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1. In
Italy it is usual to lock a preliminary agreement. It distinctive
between the genuine and the private preliminary agreement (
compromesso ). In the genuine the parties commit themselves in
writing to lock shortly a sales contract with the exact object of the
purchase and the price. The preliminary agreement is usually connected
with a pre-payment, later takes place the notary contract. Compromesso
, the private, is a sales contract under private law. Also it is
obligatory to the full extent. Without expert consultation this should
be never signed!
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2. For the
passage of title an entry is not into the register (comparable with
the land register) obligation. But only properties, which are
registered in the register, are against it to be protected, to third
resold or with a mortgage loaded. |
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3. Before the
notary contract an existing purchase option must be escluded. This
will clarified by the notary, waivers of it must by him be signed. |
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4. In the
notary contract it is common to indicate a lower purchase price than
is agreed upon and paid. Because the smaller the purchase price, the
smaller the taxes and fees are. The difference is handed over with the
notary date to the salesman (e.g. by bank-confirmed cheque). Exactly
taken it concerns with this in such a way specified a tax evasion, by
the tax office usually tests itself only if the purchase price is
under the land register parameter (usually a third of the material
purchase price) |
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5. With the
house buying it is not done with the payment of the price. On the
following purchase additional expenses one must count: Broker's
commission and notary costs (usually 3% of the material purchase price),
register and land register taxes as well as with the general real
estate tax and the local real estate tax (both are low, but attention,
to which buyer clings in Italy for not paid real estate taxes of the
salesman also, thus before from the notary clarify lets). |
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6. An on or a
change of a Rusticos is subject to the valid building law. The
approvability is incumbent on the respective municipalities. The most
important points, which must be clarified: Living permission (the use
for new purposes e.g. a barn is normally in dwelling unproblematic),
height of the deliveries during change of use (costs are calculated
after cubic meter), municipal rates (depend on the building sum).
Consulting of a geometer is inevitable thereby. |
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7. New
buildings are to be usually regarded unproblematically as authorized.
In the last years municipality enforcement officer threw a watchful
eye on permission and execution. |
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8. A security
with new buildings is advisable, if the soil quality owners lost go
and so that possibly money already paid does not disappear with
insolvency. Either one lets all money activities run over a lawyer,
who sucked. Trust account furnishes, or the owner is only paid after
completion. It is usual to pay by the piece in each case after
acceptance of the respective section. Firm one of dates and the cost
framework with equipment should be fixed in writing. Also evtl. Lack
are written down with date of the rework. |
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9. Illegal
buildings are Italy common with exception in the Toscana. Here a
modelful protection of the landscape with strict rules exists.
Nevertheless if doubts exist with the purchase of a real estate, the
geometer should be drawn to rate. |
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10. Before a
purchase is transacted, one should catch up expert consultation of a
broker or an attorney, who speaks also Italian. |
