For the purchase of a property

This advice is valid also for the seller of a property, who should have the same expedients 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 purchase contract
  4. When should I transcription in public registers


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, licences, 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;
    • there will be no further opportunities for negotiation or re-thinking on the part of the buyer;
    • the proposal is an obligation solely on the buyer in relation to both the seller and the agency;
    • any sum paid as a holding fee should be paid by cheque payable directly to the owner of the property and not to the real estate agency;
    • the agreement should be carefully checked to ensure that there are no clauses which are irregular or particularly costly for the buyer; it is an indication of seriousness on the part of the agent if the agreement is presented before it is due to be signed, allowing time for checking.

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For direct negotiation

In the case of direct negotiation it is advisable to seek expert advice (a notary, lawyer, another suitable professional or a Consumers' Association) 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 failure of the seller. In the latter case it is a privilege provided to the purchaser over other creditors in the recovery of the amounts paid and the costs incurred.

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When should I transcription in public registers

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 signing of the preliminary contract and that you need to perform the final renovation, ask concessions, permits or condones, loans, other;

when between the preliminary and the final lag a long period of time;

when it is paid a deposit large amounts.

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