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appartamento in vendita Firenze; immobiliare Firenze; comprare casa a Firenze; villa in Toscana; investimento; immobili Firenze; agenzia immobiliare Firenze; villa chianti; investimenti immobiliari;
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WHAT IS THE PROCESS OF BUYING A PROPERTY IN ITALY?

Italy boasts a rich cultural heritage, breathtaking landscapes, and a high standard of living. Its real estate market offers diverse opportunities, from charming countryside villas to stylish city apartments, making it an appealing option for those seeking a second home, retirement destination, or investment.

 

Tuscany, with its captivating countryside, historic architecture, and timeless cities, stands out as one of the most coveted markets in the country, maintaining a consistent demand also for residential rental properties.

The process of buying property in Italy is generally straightforward, especially with the guidance of a knowledgeable real estate agent (“mediatore”) who can walk you through the process step by step.

Necessary documents:

  • Obtain an Italian tax code (Codice Fiscale) from the Italian tax authorities, a relatively quick process.

  • Open an Italian bank account.

  • Valid passport.

Proposta di acquisto

Once you've identified the property you wish to purchase, you'll need to make an offer, known as "una proposta di acquisto." This proposal is a widely used tool due to its flexible nature. Real estate agents typically provide templates which can be edited. Ensure to include all pertinent details, such as confirming the seller's ownership, the property's compliance at cadastral and urban levels, absence of third-party claims on the property, deed date, conditional terms (such as contingent on mortgage approval), deposit amount, and offer expiration date.

An essential aspect to consider in any property transaction is the inclusion of a penitentiary clause. There are two forms of penitential clauses:

 

 

  • Confirmatory Deposit (“Caparra confirmatoria”): a sum of money paid (normally 10% of the purchase price) as a mutual guarantee, against breach of contract or as a consideration in the event of withdrawal from the contract. It implies that in the event of a contractual breach by the buyer, the seller retains the deposit as compensation. On the other hand, if the party who received it is in default, the other can withdraw from the contract and demand double the deposit. Either way, the wronged party may pursue judicial enforcement of the contract ie. moving forward with the deed.

  • Penitential Deposit (“Caparra penitenziale”): unlike the confirmation deposit, this clause doesn't empower either party to seek judicial enforcement of the contract. Instead, the injured party can solely claim the deposit.

 

 

It is imperative to meticulously ascertain which of these provisions is stipulated in the offer to ensure clarity on any monetary transfers between the buyer and seller.

Preliminare di vendita

  • Once the offer has been accepted you may decide to stipulate a preliminary agreement (“Preliminare di Vendita”) with the seller which will be registered with the proper authorities. You may also decide to register the preliminary agreement through a notary who will register it in the land registration system (“conservatoria dei registri immobiliari”).  The deadline within the registration must be carried out is:

  • 20 days, if the deed was stipulated privately between the parties;

  • 30 days if stipulated by a notary;

  • 60 days if concluded abroad for a property in Italy.

Rogito

The final step is the Notarial Deed (Rogito), which represents the definitive transfer of ownership from the seller to the buyer.  This is done before a notary, typically chosen by the buyer; both parties have to be present. The buyer will pay any registration tax (“Imposta di registro”) directly to the notary. At the time of the deed, the buyer pays the remaining amount (agreed price minus the deposit) to the seller usually done by check (“assegno circolare”).

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