IP AXIS OF SALE
In Italy, until a few years ago, the sale of property was marked by a very simplified contractual practices contained in the key stages of the preliminary contract and the final. This practice has gradually expands as a result of the evolution of the function and shape of a new commercial entity, the real estate broker (activity governed by the law February 3, 1989, No. 39), which operates in several stages which can be summarized as follows: responsibility for sales, the seller signs an aspiring pre-printed form that delivers real estate agent, working to a time a particular property for a future sale;
the proposed purchase, the real estate agent in possession of office sales in the market looking for potential buyers, by subscription, usually even more than an interested party, a form precisely pre-defined "Offer"
acceptance of the purchase, by subscription on the same pre-printed, or on a separate sheet;
conclusion of the preliminary contract;
conclusion of the final contract of sale.
The irrevocable purchase
When at last, alone or with the help of the estate agency, an agreement is reached on price, begins the chain of papers to sign. It is not, in reality, a process too long and complex, but must be followed precisely to avoid hassles and disappointments. Commit to do what is necessary, step by step, it means peace deal with the delicate matter of purchase of the house.
The first step is just the irrevocable offer to purchase, the buyer sends the seller (in the form of a telegram or registered letter with return receipt requested), and pledged to buy the house under the conditions and the price has been agreed verbally before. This proposal commits the buyer only.
The proposal must be irrevocable purchase the following items are essential:
- data of the seller and buyer;
- address, description and price of the house;
- period within which the seller must accept the proposal;
- times payments, date and place of future deeds.
Acceptance of the proposed purchase
The seller is free to reject it, but if you accept it (also by telegram or letter) the buyer is obliged to keep faith with its offer.
If the seller does not respond within the time limit set by the buyer, it has absolutely no obligation. It is generally required to accompany the irrevocable deposit with the selling price: This is a free choice, given that the commitment is taken with the proposal itself and not with the delivery of a sum.
The preliminary contract
is an act that precedes the deed itself, and its official name is "promise of sale".
This is a document of a private (not must, in fact, must be drafted by a notary) between the parties, in which, however, have already identified all the aspects that will be included in the final act of sale itself, called "deed". Everything, that is, must have already decided to compromise and that is why you should write it in full details as possible. Can be written on ordinary paper, but it is recommended to mark so that it can record more easily.
With this contract the buyer acquires the right that the sale is completed to agreed conditions.
Normally when the balance is paid 20% of the price, but the amounts are very free. You can also write it in the land register and pay reduced fees instead of the full tax.
The disadvantage is the total cost of the transaction: we must add the costs of the notary and the tax of transcription, which is not recovered when the house is sold by the manufacturer.
Warning: If the balance is spread by a notary or the signatures are authenticated, the transcript becomes obligatory in any case.
The key elements to be entered in the compromise are as follows.
Full details of the contractors. Price of the property.
The means of payment (check) and the deadline.
The description of the house (land registry results, rooms, appliances) and other neighboring properties.
The date of the deed.
Presence of any constraints (such as mortgages or easements various).
regular with regard to building codes. Any clauses
penitential, or payment of deposit or deposit of Penitence.
The title of possession with the start dates and any restrictions.
The arbitration clause (which will prevent or shorten the time records) for use in the event of termination.
Date and signature of the contractors.
Let's see in more detail the three penitential formulas of the clause, only one of which (choice) may be present in the compromise.
At the conclusion of the preliminary contract will be welded to the commission for mediation.
La clausola penitenziale permette ai due contraenti di recedere dal contratto (prima del rogito) pagando una penale. Se però ambedue sono d'accordo sul non andare avanti con la vendita, potranno risolvere la cosa firmando un accordo a parte evitando di far scattare la clausola.
La caparra confirmatoria consiste in una somma che l'acquirente dà al venditore, prima della conclusione dell'affare, a garanzia del suo buon esito. Se la compravendita va a monte per colpa dell'acquirente, il venditore ha diritto a tenersi la caparra come indennizzo. Se invece la colpa è del venditore, questi restituirà la caparra, raddoppiata, all'acquirente. In ogni caso, il danneggiato può rinunciare alla caparra and obtain instead of the court that the contract is finalized, however. The deposit
penitential unlike the deposit is not sufficient to address the court for the execution of the contract: the victim if the pockets, and everything ends there. The interim
rather not implement any of the mechanisms described above is simply an advance on the price, so the same amount is returned if the deal goes ahead, no matter whose fault it, and without further consequences.
must therefore be careful which of these terms is used in the compromise (or even in the irrevocable offer to purchase) to indicate the possible transfer of money from the buyer to the seller.
The act of buying
It is at this point, the last act, where the deed, that the act of sale itself. In deed they are, in essence, repeated the agreements already entered in the balance, with some additions that was necessary in the meantime. Belong to the notary checks the existence of mortgages, other encumbrances, irregularities or building (unless you have not already done so in person).
Since January 1, 1998 the deed must be accompanied by a "declaration of conformity" of the building to safety regulations (Law 46/1990), relating to electrical installations, issued by qualified technicians. If the house is already in order, the seller can enter in a statement on the regularity of the property deed, with the value of an affidavit. It is the responsibility of the seller to provide any documentation that requires the notary.
L 'buyer at the time of the deed must be present, as a rule, with the money needed to balance. Therefore, practices for the mortgage must be already attend to. In general, the bank has noted of confidence which they have recourse to the drafting of the deed is that the act of mortgage.
Please note that when the deed is usually welded to the registration tax and the notary's fee.
The most common means of payment are cashier's check (preferred because the payment is guaranteed by the bank that issued it).
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