PIEMONTE HOUSES personnel is there to help you at all stages of the purchasing process:
- the purchase bid or proposal;
- the Preliminary Contract;
- Notary Deed;
- After-sales service
1. The Purchase Bid or Proposal.
Once you have found among our listings a property which satisfies your needs and fulfils your expectations, you will want to place a bid with the Seller of the property specifying the offered price, the payment terms and the final purchase date, as well as the bid’s validity. To be considered effective, a bid needs to be backed by a guarantee amounting to approx. 5% of the offered price which can be given either as a cheque or be deposited in the bank account of the Agency, both in favour of the Seller. In case the Seller accepts the bid, the cheque or deposit are transferred to him and are henceforth considered as downpayment on the final purchase. If the Seller chooses to reject the bid, the cheque or deposited amount are returned to the Buyer and the Buyer is relieved of any obligation towards either the Seller or the Agency. When submitting your Purchase bid, you will be asked by the Agency to confirm in writing the agreed Agency fee which will be due in case your bid is accepted.
2. Preliminary Sales Contract.
Once agreement has been reached concerning the purchase of the property, the Agency will prepare a Preliminary Sales Contract which will spell out in detail the contract terms: the identity of the contracting parties, the identification of the property according to its cadaster data, the agreed sales price of the property and the terms of payment, the date of the final notary deed and all mutual commitments entered into by the parties. At the signing of the preliminary contract, the Buyer will be required to make a further downpayment of about 20-25% of the agreed sales price which will add to the guarantee paid at the time of the proposal. As required by law, the real estate Agent will register the Preliminary Contract with the competent authorities and, in the case of a rural property, will notify all neighbours about the impending sale, allowing them to exercise their statutory pre-emption rights. The agreed Agency fee will be paid at the signature of the Preliminary Contract.
Thanks to a series of agreements entered into with first class international banks, Gabetti agencies are able to provide mortgage financing to non-resident buyers at favourable conditions.
The real estate Agent will collect all documents concerning the contracting parties and the properties and necessary for the conclusion of the sale (cadaster and mortgage information, maps and floor plans, acts of purchase, building permits and other certificates) and will transmit them to the Notary who, after effecting further checks on his own behalf (absence of mortgages, claims, covenants etc), will establish a deed by which the title to the property is officially transferred from one party to another. At the signing of the deed the Buyer pays the balance of the agreed purchase price to the Seller; the Buyer also pays, directly to the Notary, the Notary’s fees and all taxes and duties. In the Italian legal system, a real property can be legally sold and bought in two ways only:
- Notary Deed
- A Private Authenticated Contract.
A Notary Deed is a public contract established by a Notary who thus takes responsibility for its contents. A Notary will let the contracting parties sign the contract only after having read it aloud in their presence and made sure that all parties concerned have fully understood it. Should one or both paries experience any problems understanding the Italian text, they may request that the deed be translated into a languague of their choice by a sworn tanslator registered with an Italian court. The additional cost is borne by the party which has requested the translation.
Some non-resident buyers who do not speak Italian and who prefer to avoid the additional cost of a sworn translation, resort to the Private Authenticated Contract as a form of transferring title to real property. In this type of contract the role performed by a Notary is theoretically limited to ascertaining the identity of the contracting parties and authenticating their signatures, whilst it is left to the contracting parties’ will to freely agree on and to take full resposnibility for the contents of the contract. In practice it is usually still the Notary who drafts the contract and who performs all necessary factual checks, applying the same procedure that is followed when preparing a public deed. Notaries with whom our Agency cooperates will supply a draft of a Private Contract which can then be translated by one or both contrating parties by their own means.ta ed eventualmente fatta tradurre privatamente dai contraenti che ne fanno richiesta.
Real Estate Taxes
All tax obligations arising from a real estate transaction are on the Buyer’s account. Based on current legislation, the tax burden on real property transactions varies according to the legal status of the contracting parties and the applicability of tax reductions.
- Residential Property Transfer between Inidividuals (Natural Persons)
Residential Property Purchase from a Corporation (Legal Entity)
- if the tax reduction for “First Home” owners applies: 3% of the cadaster value of the property (which in most cases is considerably lower than the agreed sales price) + € 322 of fixed duties;
- if the tax reduction for “First Home” owners does not apply: 10% of the cadaster value of the property.
Purchase of Land:
- if the tax reduction for “First Home” owners applies: 4% of the agreed sales price of the property;
- if the tax reduction for “First Home” owners does not apply: 10% of the agreed sales price of the property.
Tax is 18% on the purchase price independently of the legal status of the contracting parties
- collecting and sending the deed to an indicated mailing address
- announcing the property transfer to the Public Security Authorities;
- assisting buyers with utility supply contracts (water, power, gas, telephone), communal Property Tax declaration (ICI), waste collection tax declaration;
- if requested, we assist buyers in finding qualified professionals (architects, contractors, craftsmen) for limited or comprehensive renovation and restructuring
Being aware of the difficulties which a non-resident buyer may face when purchasing property abroad, we offer our help and asssitance after the completion of the sale. In some cases we assisted our clients in enrolling children in school or in looking for a job