Hello,
I know that the best scenario would be to use an English speaking lawyer when purchasing a property, to help buyers understand contracts and to represent the buyer's interest etc. but I am curious if anyone has not done so? If you didn't have a lawyer, how did it go? Did you have a negative experience?
Thank you very much,
Chris
@chrisdrobson
No need to use a lawyer. You can use a geometra and a notary.
Done so twice.
Janin
Assuming there is no agent involved and you have to use a notary, Id opt for a geometra over a lawyer every time. You will also need a translator if you arent fluent in Italian. Obviously it does depend on where and what you are buying
@Janingal thank you! I am a bit unclear of the role of the geometra here. Are you able to shed some insight at all? We have looked up online and from what we gather, they ensure that property/land matches the data held by the municipalities and that there are no other owners, incorrect info on what is included in the sale, etc? Thank you so much. We appreciate it.
Hi @Modicasa Thank you so much! There is an agent yes, they have a notary they work with but haven't mentioned a geometra yet (though we haven't put the offer in yet). I am a bit unclear of the role of the geometra here. Are you able to shed some insight at all? We have looked up online and from what we gather, they ensure that property/land matches the data held by the municipalities and that there are no other owners, incorrect info on what is included in the sale, etc? Thank you so much. We appreciate your time!
If you have an agent he has a legal obligation to run certain checks make sure what you are buying is what you saw. Furthermore he has to make sure that what you saw can be sold. What would normally happen is that the agent would tell the sellers to get their geometra to check all the land registry documents and provide the necessary paperwork in order to sell the house. The agent usually should organise or help with this. The notary is responsible for making sure that all the necessary paperwork is there and that the sale is possible.
There is nothing to stop you asking the agent to send you paperwork - they are public documents. For example, you should ask to see the plans held at the land registry (planimetria catastale) and make sure that it is identical to the property you are buying - down to position of windows and doors etc. If it isnt, thats a problem. A geometra (if you are buying in a centro storico) could also check at the comune as to what, if any, permission there are for the house since 1942. Again everything has to align.
HOwever, you have every right to ask the agent to see documents - for you to sign off on things you only see when you are the notary's office to sign the atto, is not ideal.
@chrisdrobson
Geometra is an equivalent to a Building Inspector. They check on a property condition, legality, and compare it to the documents in the local municipal offices.
Our Geometra came with many-many wrong things, and we still were not able to back out of the purchase contract easily.
!First - never transfer money/deposit to the Seller - you would not get it back, if there is an issue. With very pricy and lengthy legal proceedings you might get a part, which will go to Lawyer, usually not enough to cover the fees.
Best do not give ANY deposit until due diligence
. Never-ever listen that you have to give 20-50% to show that you are serious. It is a trick for International buyers, especially cash buyers. Italians do not give deposits, or few thousands euros at most.
Second - Make sure that your contract states that "after receiving the Geometra report, you have one or two month to do buyer's diligence and during this time you mantain the right to back up without any financial obligations." Our contract mentioned that "The Seller and Buyer has two month from Proposta (the offer) signing to confirm state of the property and if no objection, the Proposta (offer) automatically turns into the Preliminary(binding) contract after that period". We recieved the geometra report the night of the last day of 2 month-period. We saw that they're many discrepancies, called the agent, and agent told "Beautiful report, all things are so minor, we will explain all to you tomorrow". Next day our Proposta auto-turned to the Preliminary
.
One very important thing to know - moment Proposta di Acquisto turns the Preliminary Contract - you loose the deposit AND will be responsible for the Agency Fees, if you decide to back out.Agency fees becomes an obligation at Preliminary, not on the completion of the deal, as in other counties. So. Be aware 
Third - After you get a Geometra report, do your diligence yourself, without involving your Real-estate agents, who are, again, the interests party. Agent might tell things as : "not a big deal", "there is no legal houses in Italy", "it's different in here", "we will give you the very best contractors". Ask for the house tour with a Geometra, after Inspection is done and you have read the report. What is "Minor" for Agency likely to be a "Big deal". Geometra has to be honest, he is risking to loose his licence.(this is how we found that we are in the trouble
)
Fourth - Make sure that contract says that "all the discrepancies has to be address and paid for by the Seller MONTH BEFORE THE DEED DAY and subject for final satisfactory inspection by the Geometra and the Buyer". If it says "before the deed day" - you never can make sure if any of the things are done, and done right.
Last thing - never sign the Proposta di Acquisto (Intent to Purchase), Preliminary of Final Contract which contains that you will repossess property "with all legal and Illegal parts or amenities". Also not containing the phrase: "by body, not by measure". Every contract you sign has to have the detailed description and measurements of the plot, structures and the legal living spaces in the Proposta, the Preliminary and Final.
This is what I mean could happen:
We were shown a cute "terraced" house - from the street it had one floor, but inside there was a second floor downstairs, as house is built into the slope of the hill. Two floors were presented to us as equally habitable living spaces, lowest being roomy, (twice the size of the small above-ground level. Second level had two tiny bedrooms and one shower room). Lower level had a bit low ceilings, but had a kitchen, enough space for a sofa and small dining set and it had a French Doors walk out to the small green terrace (Yea!! - open kitchen-living space and the herb garden!!!). Later we found out that lower floor qualifies only as a Basement/Cantina and can't be legally used as a living space or carry the main kitchen. It only can be used as a regular basement: laundry, man-cave with a mini-bar, workout or storage space. It is usually should carry a very different price tag - about 30% of the price of the living areas.
I wish I knew all those things. I bought 4 houses in different countries over last 25 years.
Still this one had a lot of "traps".
Good LUCK!
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