If you are buying a property

This advice is valid also for the seller of a property, who should have the same precautions as the buyer and insist on identical guarantees of seriousness and honesty in all transactions.

  1. If there is an intermediary
  2. For direct negotiation
  3. The preliminary sales contract
  4. When registration in the public register is recommended

If there is an intermediary

If you are dealing with a real estate agency, it is advisable:

  1. once you have viewed the property and found it to be suitable, ask to be informed of the situation of the property in terms of registered ownership in the Land Registry Office (and original deeds of sale, donation etc.) and also the validity of its cadastral situation in terms of administrative concession (sanctions, licenses, and so on), insisting on seeing the relevant plans and cadastral documentation.
  2. when you are invited by the intermediary to sign the sales proposal, bear in mind that such a proposal constitutes a real commitment to the purchase, and contains all the elements of the contract and payment methods.

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For direct negotiation

In the case of direct negotiation, it is advisable to seek our expert advice in order to carry out the necessary checks prior to signing the preliminary agreement.
This applies also - and especially - to the seller, who otherwise might in good faith be unaware of certain restrictions or particular regulations which must be respected before committing to a sale.

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The preliminary purchase contract

Carried out the necessary checks and agreed with the seller of the terms of the contract, we proceed to the signing of the preliminary agreement, which by law can be transcribed at the Conservatory of RR. II.

The transcript makes public the preliminary agreement protecting the buyer from the harmful consequences for prejudicial transcriptions on the property (foreclosures, seizures, etc.), which may take place between the conclusion of the preliminary and the final contract, or bankruptcy of the seller. In the latter case, a privilege is provided to the purchaser over other creditors in the recovery of the amounts paid and the costs incurred.

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When registration in the public register is recommended

The transcript of the preliminary and it is therefore advisable to be particularly appropriate in the following cases:

  • when the seller is an entrepreneur;
  • when between the preliminary and the final lag a long period of time;
  • when it is paid a deposit large amount.

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