ILN: BUYING AND SELLING REAL ESTATE - AN INTERNATIONAL GUIDE

[BUYING AND SELLING REAL ESTATE IN ITALY] 146

On the other hand, the Notary has also a role of guaranteeing the regularity of the transfer of ownership. The Notary must verify the respect of all the compulsory provisions that regulates the legal transfer of real estate and the details of the sale. In order to validly stipulate the final deed of sale, under penalty of nullity of the deed itself - in the case of land: the seller shall produce the certificate of urban use (so called “ certificato di destinazione urbanistica”); - in case of properties: the deed must include the details of the license or building permits/concessions according to the age of construction; for works executed prior to September 1, 1967, the seller may render a declaration about the date of construction without need to report the details of license/concession/permit. It is also necessary that the conformity with urban-cadastral planning of the properties be documented or declared. The Notary is also in charge for: • drafting the final deed of sale, based on the preliminary agreement; • confirming in the deed of sale that the payment has been duly completed and the contract therefore constitutes an acknowledgment and evidence of the payment; • registration of the deed and assessment and payment of stamp duties; • registration of the transfer of the ownership on the name of the purchaser with the Real Estate Registry and with the Real Estate Land Registry. These two last formalities conclude the process of ownership transfer.

After the mentioned formalities are completed, the purchaser has in his/her hands the document that testifies the title of property and if all the steps are duly completed has all the rights for future disposal of the real estate. Although the role of the Notary is neutral with respect to both the parties, it is usual that the Notary is appointed and paid by the purchaser. III B) Auction An important segment of the real estate market is made up of auction sales, resulting from real estate foreclosures. The methods for participating to an auction for the purchase of real estate are as follows: 1. Consultation of portals / publications It is possible to consult the internet portals connected to the Courts, with reference to the place of interest, on which the announcements relating to the auction sales of the foreclosed properties in the various executive procedures are published; or, alternatively, printed publications, available free of charge at the Courts or available for purchase at kiosks. 2. Report consultation Once the asset of interest has been identified, it is advisable to read the report drawn up by the consultant appointed by the judge, to assess the condition of the real estate. 3. Judge’s ruling Of extreme importance is the examination of the sale order issued by the Judge, which contains the conditions for the offer, including i) the amount of the deposit to be paid, which shall not exceed one tenth of the target price and the term within which to pay it, ii) the minimum amount of the increase to be made to the offers, iii) the term, not exceeding sixty days from the

ILN Real Estate Group – Buying and Selling Real Estate Series

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