What to do to buy a property

The indications also apply to the seller, who must adopt the same precautions as the buyer and demand the same guarantees of reliability and correctness in the transaction.

  1. If there is an intermediary
  2. If the negotiation is direct
  3. The preliminary purchase contract
  4. When a registration in public records is advisable

 

 

If there is an intermediary

If you contact a real estate agency, we recommend:

 

after visiting the property and having found it to your liking, ask to know the condition of the property with regard to both the ownership recorded by the Property Register II. (as well as the ownership origin: by deed of sale, donation, etc.), and to the cadastral situation and regularity regarding administrative concession (amnesties, licenses, other), asking to view the relevant plans and cadastral documentation.

At the time of the request by the intermediary to sign the purchase offer, take into account that:

this proposal already represents a real preliminary contract, with all the elements of the final contract and the methods of payment;

there will be no further possibility of negotiation or of a change of mind for the buyer;

binds irrevocably the purchaser towards both the seller and the agency;

the amount for the so-called reservation must be paid by check made directly to the owner of the property and not to the real estate agent;

it is necessary to check the form to verify that there are no abusive or particularly onerous clauses for the purchaser; in this regard, an indication of reliability of the real estate agent is the delivery of the form for your verification before the signature.

 

If the negotiation is direct

In the case of direct negotiation between seller and buyer, it is advisable to contact an expert (notary, lawyer, other competent professional or Consumer Association) in order to carry out the necessary checks before signing the preliminary contract.

This indication is primarily valid for the seller, who could in good faith ignore some restrictions or particular rules that must be followed before committing to the sale.

 

 

The preliminary purchase contract

Once the necessary verifications have been carried out and the terms of the contract have been agreed upon with the seller, the parties sign the preliminary contract, which according to the law can be filed with the Property Register II.

safeguarding the purchaser from the harmful consequences of detrimental registrations on the property (foreclosures, seizures, etc.), which could occur between the signing of the preliminary contract and the signing of the final contract, or for the seller’s bankruptcy. In the latter case, a lien is placed on the buyer with respect to the other creditors regarding the recovery of the sums paid and the expenses incurred.

 

When a registration in public records is advisable

The registration of the preliminary contract is therefore advisable and in any case is particularly appropriate in the following cases:

When the seller is a building entrepreneur.

When between the signing of the preliminary contract and that of the final one there is the need for renovations, concessions, authorizations or amnesties, loans, etc.

When a long period of time elapses between the preliminary contract and the final contract.

When paying a large advance.