The real estate sales and purchasing process in Italy is fairly
streamlined and not particularly complex. For the most part,
a foreign national stands in the same shoes as does an Italian
citizen, with one exception. When it comes to the purchase
of real property in Italy, a foreign national must pay a 11%
purchase registration tax after the sale itself is consummated.
An Italian citizen must only pay a 4% purchase registration
tax.
In Italy, the first step towards the purchase of real estate
is the initial agreement between the parties. Once the initial
agreement is signed and executed, there are some primary tasks
that must be completed by the parties. For example, the buyer
must obtain appropriate and sufficient financing. The seller
must work to make certain that title to the property is free
and clear of any and all encumbrances so that it can be conveyed
to the buyer.
When this initial agreement is signed, the seller will post
a deposit in the amount of at least 10% of the total purchase
price of the real estate being sold. It is not uncommon in
Italy for deposits to run as high as 50% of the overall purchase
price of the property. Deposits in Italy tend to be higher
than what is seen in many other countries around the world.
Generally speaking, the deposit is not refundable if the buyer
simply decides that he or she does not want to buy the property.
Indeed, the only real circumstances in which a buyer can obtain
a refund of the deposit -- even a hefty deposit of upwards
to 50% of the purchase price -- is when the buyer backs out
of the deal or in circumstances when clear title to the real
estate cannot be obtained within the time set forth in the
initial agreement between the parties.
The real estate purchase process is overseen by a notary in
Italy. The notary actually has more duties than is normally
associated with a notary involved in real estate transactions
in other countries the world over. For example, the notary
in Italy is responsible for carrying out title searches to
work to make certain that the title to the property is free
and clear of any obvious defects or liens.
Many real estate experts in Italy recommend that a purchaser
take the time to hire what is known as a geometra. The geometra
will survey the physical boundaries of the
property for sale in Italy to make sure that it actually does comport with what is listed
on the legal description that is subject to a contract for
sale. (These experts maintain that this particularly is important
when it comes to older properties in Italy.)
The real estate purchasing process can take upwards to six
months to complete in Italy. For this reason, unlike in many
other countries around the world, it is a commonplace occurrence
for a purchaser to move into residential property after the
initial agreement is signed. In most countries around the
world, the purchaser does not take possession of the property
until the final agreement is executed and the deed to the
property is transferred from the seller to the buyer
Property Abroad always recommends using a
Solicitor
or Lawyer