Are you looking for a cassation lawyer in Italy or in Rome for your dispute related to a property sale?
Here are some things you need to know if you are looking for an italian lawyer or law firm that deals with real estate law and real estate.
It is possible to buy a property in Rome through a lawyer, or to request the assistance of a lawyer for the preliminary stages of the purchase.
Why use a lawyer for a property purchase in Rome?
There are several reasons why you may want to use a lawyer for a property purchase in Rome, including:
- If you are an overseas buyer, a lawyer can help you with the legal process and ensure that your interests are protected.
- If you are buying a property at auction, a lawyer can help you understand the process and avoid any pitfalls.
- If you are buying a property with a mortgage, a lawyer can help you negotiate the terms of the mortgage and ensure that the property is properly insured.
- If you are buying a property with a complex ownership structure, a lawyer can help you understand the ownership structure and ensure that the sale is completed properly.
What can a lawyer do for you?
A lawyer can provide a variety of services for a property purchase, including:
- Legal advice: A lawyer can advise you on the legal aspects of the purchase, such as the contract, the financing, and the title.
- Negotiation: A lawyer can negotiate on your behalf with the seller, the lender, or other parties involved in the purchase.
- Documentation: A lawyer can prepare the necessary documentation for the purchase, such as the contract, the mortgage, and the title transfer.
- Representation: A lawyer can represent you in court or other legal proceedings if necessary.
When do you need a lawyer for a property purchase in Rome?
You do not need a lawyer to buy a property in Rome, but it is often a good idea to have one. A lawyer can help you avoid problems and ensure that the purchase goes smoothly.
Examples of legal issues that can arise in a property purchase:
- Title defects: The property may have defects in the title, such as unpaid taxes or liens.
- Zoning violations: The property may be in violation of zoning laws.
- Building code violations: The property may be in violation of building codes.
- Environmental hazards: The property may be located near environmental hazards.
The preliminary contract for the sale of a property
The preliminary contract is not necessary for the sale of a property. Indeed, if it’s unnecessary to request a mortgage, the parties may directly agree on the final deed.
The preliminary contract is also known—improperly—as a ‘compromise.’ Through this, the seller and the buyer agree to the signing of a final contract within a specific timeframe and for a specific price.
Among the conditions included in a preliminary contract, which sometimes lead to issues, are the provision for a down payment, the seller’s obligation to rectify any defects or building abuses, the duty of one of the parties to perform a service, and the option for a party to make their performance conditional on a specific event (e.g., they will buy if they obtain the mortgage).
The validity requirements of the preliminary contract
Alternatively, a cause can be clearly identified (understood as the individual economic function of the contract v. Cass. 10490/2006) in the contract by which the parties commit to subsequently concluding a preliminary contract, provided that…
“the configurability of the parties’ interest in a progressive formation of the contract based on the differentiation of negotiation contents emerges, and the narrower area of interest regulation covered by the contractual constraint originating from the first preliminary contract is identifiable.”
Violation of such an agreement would be contrary to good faith, and non-compliance may lead to contractual liability for breaking the mandatory agreement undertaken in the pre-contractual phase.
In any case, the Judge responsible for assessing the validity of such an agreement must also verify whether this contract constitutes, in itself, a preliminary contract productive of the effects referred to in Articles 1351 and 2932 of the Civil Code, or whether it is susceptible to specific performance in case of non-compliance.
The suspensive or resolutive condition linked to obtaining a mortgage
The parties may agree to subordinate the outcome of the sale to the buyer obtaining a mortgage.
If the preliminary contract is not drafted by a lawyer or a notary, caution should be exercised regarding the value attributed to the words used, as severe consequences may arise for a party in case of problems.
If, in fact, the reason for not obtaining the mortgage is the buyer’s economic condition (low income, reported risks in credit bureaus, or others), then the buyer is at fault and may be in breach of the compromise. In such a case, the seller can retain the down payment and sell to others.
If the reason for not obtaining the mortgage is an irregularity in the property, detected by the bank’s expert, then the seller is in default. Consequently, if the parties do not agree on an extension or a solution, the buyer will have the right to demand double the down payment (unless the parties have stipulated different conditions).”
If you are considering buying a property in Rome, it is a good idea to consult with a lawyer to discuss your specific needs. A lawyer can help you understand the legal process and ensure that your interests are protected.