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in the Real Estate Public Register to avoid that, pending the term for the execution of the final deed of sale the seller, breaching the preliminary agreement, sell the same real estate to a different purchaser or that seller’s creditors attack the real estate with mortgages or seizures. Since the moment of the registration, the real estate remains fully available for the purchaser and is not available for any third person right or demand. The registration of the preliminary agreement is advisable for example when the “ caparra” is particularly high, or the term for the final deed of sale is far away, or lack of trust on the seller, or risk of seller’s bankruptcy. 3. Notarial Deed of Sale The role of the Notary in the real estate transactions is compulsory since a legally and fully valid deed of sale enforceable toward the seller and any third party must be executed by a public Notary. 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 regulate 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
ILN Real Estate Group – Buying and Selling Real Estate Series
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