Frequently Asked Questions

  • Why buy a property in Italy?

    Italy is, quite simply, lovely! It's a land of emotions, colors and contrasts. The Northern Alps, the lakes of Como, Garda and Maggiore, the rolling hills of Tuscany, the Apennines that run down the center of the peninsula, sweeping up the sumptuous golden beaches of the Mediterranean coast. Magnificent architecture, wonderful food and wine, inspired works of art and music, classic hillside villages; the list is endless. Italy, first of all it is an experience that awaits you.

    Italian real estate market
    Italy is becoming more and more popular year after year. Flying to Italy has been revolutionized by the arrival of budget airlines, so wherever the house of your choice is, it will be easily accessible. Italy also offers surprising variety in terms of the type of property for sale and the price. Property prices are rising by about 10% to 15% a year and, with the increasing interest in Italy as a second home location, you can be sure that your second home is also an investment. To learn more about the Italian real estate market

    About Italy
    Iitalian Alpsn the search for the perfect property abroad you may have made a list of all the qualities that you feel are essential, if the house you've always dreamed of, is not to turn into a nightmare.

    Of course it must be easy to reach, you want to fly there cheap and do not want a tortuous four-hour drive from the airport when you arrive. We recommend skiing in winter and lie down on golden sandy beaches in the summer, you do not want to worry if the time you've chosen for your living room is a disaster. You want the people of your country of choice to be passionate and friendly, the food and wine to be great, do not want to be second rate food served by surly waiters.

    Do you want enigmatic, picturesque towns with shops, where you can immerse yourself in the best art and music the human race has produced, you do not want to fence shabby devoid of any sense of personality. You will also want fabulous views, pristine environments and natural wonders nearby, you do not want a sea of ​​cement when you step out of the house. If you want all these positive things and want to avoid all the traps then there is only one place where you want to go ... Italy!

    Flying to Italy has been revolutionized by the arrival of low cost airlines, Easy Jet, Ryan Air and Thompson to name a few. The number of routes from the UK continues to grow, while the cost of travel continues to decline from year to year. So wherever the house of your choice is, you will be able to get without spending ransomgolden sandy beaches of a king of Italy

    The natural geography and the elongated shape of the Italian peninsula gives the homeowner easy access to both the mountains and the coast. The Alps in the north are complemented by the Apennine mountain range, running like a spine down the middle of the country. The mountains descend to 7,600 kilometers of coastline rich and golden beaches. Therefore, your property can be a base for winter skiing and summer days spent lazing on the beach and swim in the warm waters of the Mediterranean.

    Fontana Italian - an example of the wonderful architecture of italyAnyone who was in Italy you know that Italians are a passionate, open and friendly people. Topping the list of passions is the Italian food and wine. You are really spoiled for choice, each region has its own specialties and local wines served in a dazzling variety of restaurants, trattorias and pizzerias. There is so much choice it would take two lifetimes to experience everything from pasta and roast meat of the mountains to the delicate dishes of grilled fish on the coast, every taste is catered for.

    If it's art, music and culture you're looking for, then Italy is the place for you. The cradle of the Renaissance, the home of Leonardo, Caravaggio, Giotto and Michelangelo, the birthplace of Verdi and Puccini, the land from which Dante drew his inspiration. No other European country can match Italy for the contribution he has made to Western civilization.

    After experiencing the best Italian art has to offer, you can walk to the arcaded streets, stores up to your liking. Florence, Bologna, Siena, Assisi and San Gimigiano are all names that evoke the red-tiled roofs, wonderful architecture and a world of elegance and style. End the day with a cool glass of white wine at an outdoor cafe, looking Italians.

    Our regional pages are meant to bring out the best in each area has to offer, but the wealth of choice means that we are really just the starting point for your journey of discovery Italian.

  • Why choose Puglia?

    Clean sea and sun reliability have made Puglia a region famous for second homes. There is a geographical diversity in Puglia which is very interesting, although to get the best of the province will need to be a means of transport. The southernmost tip, the Salento peninsula, is rocky and dry, more greek and Italian, while there is a lot of mountain landscape of undulating plateau of Murge, in the center of the province. The best escape route, however, is to the north towards the mountains, forests and beaches of the Gargano promontory, with some of the most beautiful pristine sand and sea that can be found on the Adriatic Sea.

    Getting around Puglia by public transport is pretty easy, at least for the major cities go. Trains run almost every important place, while small, private lines head into previously remote areas - in Gargano and on the edges of the Murge. Most other places are reachable by bus.

    Property Market
    In general, prices for property in Puglia are more favorable than elsewhere in southern Italy and with the advent of low-cost airlines that demand for property is soaring. However, unlike the popular regions of Tuscany and Umbria, for example, the Puglia region has never been a "fashionable" in Italy and this is the reason why real estate prices are still affordable and plenty of real estate available for sale in Italy's Puglia is impressive.

    Accessibility is not a problem with two airports, Bari and Brindisi receiving regular direct flights from across the UK and anywhere in Puglia is more than an hour or so drive from an airport. A trulli to be restored is considered one of the best buys in Puglia and the property is part of about 30,000 to 40,000 euro. These Trulli are exceptionally in demand from investors because they know that the amount spent on restructuring will be immediately added to the property in terms of value, when complete, and the property will become easier to release to the tourist market or for those looking to resell for a unique property in the sun. Alternatively there are many town houses and villas for sale in Puglia along the coast and in pretty villages and medieval towns of Apulia, and now some new developments are starting to take shape offering properties for sale on the second house hunter or retiree looking for that perfect escape. Quality off plan apartments from 90,000 euro and a villa for sale in Puglia with swimming pool and near the sea will cost approximately € 160,000. In the last five years housing prices have risen an average of about 8% per year.

    Territory and History
    Puglia / Apulia History: Puglia (or Apulia, in English) is a long, narrow peninsula, mostly occupied by plains and hills, with a few lower mountains of the southern Apennines and the Gargano promontory, with steep cliffs. The hilly area is called Le Murge, while the plains are the Land of Bari, Terra d'Otranto, Salento Peninsula and the Tavoliere, the second plain of Italy, while the long coastline is generally low and sandy beaches. In addition to the provincial capitals, other important centers are Alberobello, Conversano, Barletta, Canosa, San Giovanni Rotondo, Manfredonia, Martina Franca, Mesagne, Molfetta, Ostuni, Otranto, Santa Maria di Leuca, Trani, San Vito dei Normanni, Barletta, Gioia del Colle and Andria.

    For centuries, Apulia was a strategic province, colonized, invaded and conquered (like its neighbors, Calabria and Sicily) for almost every great power of the day, from the Greeks to the Spanish. As elsewhere in the South, every ruling dynasty has left its distinctive mark on the landscape and architecture - as seen, for example, in the surviving traces agricultural Roman and medieval fortified city. There is no way to escape some of the historical influences in Puglia. Perhaps most characteristic are the Kasbah district, as Saracens of many cities, that of Bari is the largest and most impressive

    The Normans endowed Puglia with splendidly ornate cathedrals; there is one in Trani that skillfully blends many strands of regional craft traditions from the north and south. And the exuberance of baroque cities like Lecce and Martina Franca are testament to the Spanish heritage. But if there is a symbol of Puglia that stands out, are the imposing castles built by Frederick II of Swabia, in the province - the first of which is the Castel del Monte and the remains of the palace of Lucera.

    Places
    Puglia Coast: The influx of tourists in Puglia is linked to the number of beach resorts along the Adriatic and Ionian coasts. Most of the beaches are wide and sandy, giving way to beautiful rocky coves, some with magnificent sea caves, in some parts of Gargano and the Salentino peninsula. Taking the Gargano promontory as a starting point, the most important centers are Rodi Garganico, Peschici, Vieste, the elegant Pugnochiuso and Baia delle Zagare, where numerous sea cliffs increase its beauty to the landscape.

    Further south are Bisceglie, Polignano a Mare, Torre Canne, Marina di Ostuni, Roca Vecchia, Castro Marina and Leuca, on the tip of Salento. Along the coast of the Ionian Sea, Gallipoli is followed by S. Mari al Bagno, Porto Cesareo, Marina di Pulsano, Riva dei Tessali and Ginosa. Unforgettable is the rocky little Tremiti archipelago, off the Gargano coast, where the beauties of nature are still intact.

    Which covers more than 150 kilometers between the two seas which have modeled its morphology and history, the Salento has an enchanting and evocative coastline.

    The East Coast
    Di Santa Maria di Cerrate Squinzano: Anyone who would make a round tour of the two seas, a little more than 200 kilometers, should leave from Casalabate, a beach not far from the Santa Maria di Cerrate in Squinzano, and follow the low and the coast sandy south, through Torre Rinalda, Torre Chianca and Frigole, shaded by pinewoods, as far as San Cataldo, with the remains of messapica Lupiae and the Roman port of Adriano, and then continue along the panoramic state road 611 until Gesine, one of more interesting and evocative marsh lands in Europe, protected by an international convention. A visit to the area, part of the Vernole district, is enriched by marshes, and bogs, and a volunteer guide is available from the WWF offering you the possibility to admire the various natural habitats, from dunes to salt marshes, from reeds and oak forests pines, to the undergrowth of myrtle, mastic and broom, a refuge for numerous animal and plant species and transit crossroads for some migratory birds.

    The west coast
    Ugento After Punta Ristola the scenery changes dramatically. Low cliffs and stretches of sand interrupt the high precipices of before, red earth and vineyards come into view interspersed with sixteenth century towers and beaches and heavily populated with hotels and resorts. Stories of Barbarian incursions give each place its name: Omo Dead Tower (the tower of the dead) and Torre Marchiello (Castrignano del Capo), Torre Vado (Morciano di Leuca) Torre Pali (Salve), Torre Mozza and Torre San Giovanni (Ugento), Torre Suda (Racale), beach resorts and also centers of winter tourism, which have managed to combine the natural beauty with historical finds and local culture, making this part of the peninsula a formidable tourist company can provide information and interest in the area throughout the year.

    Of particular interest for naturalists in this part of the coast, the basins of Ugento, which constitute another amazing nature reserve, wetland characterized by its marshland of rushes and reeds (which are used in one of the most typical of Salento) and that is also a migratory passage for beautiful birds such as royal swans.

    Many of the inland villages possess something of artistic or scenic interest, often with important historical. The visitor would do well to see the villages of Monte S. Angelo, standing in a panoramic position on the Gargano hills, Lucera in Capitanata, with the remains of a Roman amphitheater, Troia, which has a Romanesque-Pugliese cathedral (11 ° 13 century), with a magnificent rose window.

    In Murge area, Canosa is located, with a 11th century cathedral and the beautiful isolated octagonal Castel del Monte, built by Frederick II, in a splendid panoramic position, Ruvo di Puglia, with one of the most important Apulian-Romanesque Cathedrals ( 13th century); Alberobello, with its unique trulli; Gioia del Colle, which has a large castle (11th 13th century); Altamura, with a Romanesque-Gothic cathedral (13th 15th century), Grottaglie, a pottery craft center; Manduria (megalithic walls and necropolis).

    Some coastal towns also attract large numbers of tourists. Barletta, famous for the Challenge in 1503, with a giant bronze statue of the Colossus (4th century); Trani, with a fine Romanesque cathedral (12th century); Monopoli, dominated by its 16th century castle, with the nearby ruins of the pre-Roman city of Egnazia; Otranto, with its characteristic historical center and beautiful cathedral (11th 12th century). In the immediate Bari hinterland lies Bitonto, whose 13th century cathedral is probably the best example of Apulian Romanesque architecture.

    Communication
    The region is well equipped with roads, highways and railroads linking nearly all parts of the region with the central and northern Italy. There are two fairly large airports of Bari and Brindisi; and two main gates are located in Taranto and Brindisi.

    Climate
    The climate of Apulia is typically Mediterranean: hot and dry. Rainfall is scarce and take place only in the period between October and March.

  • What is the preliminary contract?

    The preliminary contract is to:

    • engage mutually parties (cd. promissory buyer and the promissory seller) to sell and buy property and then to
    • commit the parties to conclude the final contract of sale.

    It is necessary that the preliminary contract is properly drafted to avoid incurring in the case of the CD. Preliminary improper (eg mistakenly writes "Tom sells to Caio, who purchases the property in Via Rossi, Milan" instead of writing "Tom promises to sell to Caio, who promises to buy the property in Via Rossi, Milan ") that entails the immediate transfer of the property, regardless of the payment of the price, the delivery of the property etc.

  • What is the content of that contract?

    The preliminary contract to be valid, it must:

    • bring the manifestation of the will of the parties to sell and buy
    • be made in writing
    • accurately describe the property, giving the address, the characteristics (apartment, villa, etc., number and kind of rooms, cadastral data, allegation of floor plans, energy performance certificate)
    • bring the price of the sale.

    The opening of negotiations the owner-seller must make available the Certificate of Energy Performance of the building (APE), and must in any case give it at the end (of course positive) of the same.

    In the preliminary contract may be incorporated additional elements, the cd. clauses "incidental" (meaning they can not exist without the contract being affected in terms of validity), but are often important for the protection of either party or both. The main and most frequent:

    1. the deadline for concluding the final contract. The term can be as simple or essential; In the first case, if either party does not want to or can not conclude the final contract, it shall be in default and in arrears, but the contract will remain binding yet. If the term "essential" if the party in whose interest has been stipulated the term does not declare within three days of the expiry of the will still carry out the contract, it will terminate automatically, automatically, without further statements, and then the contract itself does not bind more parts;
    2. the deposit. It stands the advance price and the down payment; in the case of payment of the price you have only an advance payment of the price which has to be paid upon the final contract; in the case of deposit if everything proceeds regularly or the deposit will be returned or charged to pay the price at the time of the final.
      In the event that one party does not want to sign the final contract or becomes still in breach of its obligations raises two alternatives: either the "good" (defaulting) chooses to enforce compulsorily the contract and claim compensation for the damage and the deposit will be worth as advance payment, or may choose to terminate the contract, and if this part is the one who gave the deposit may not claim that the "bad" returns him twice, while if the "good" part is who has received the deposit, he may keep it.
    3. a penalty: with this clause the parties expect that, in the event of total or partial, and therefore in the event of breach of his obligations under the contract, the "bad" will be required to pay a certain sum by way of compensation for damage.

  • What are the advantages of the transcript of the preliminary contract?

    The law provides for the possibility (not a requirement) to transcribe the preliminary contract in the registers real estate (ie in public registers which are included all the acts that relate to real estate, such as sales, donations, etc.).

    For transcripts it is necessary that the preliminary contract is drawn up in the form of a public or private deed.

    Once the transcription will not take effect against the promisor buyer, and therefore will not be binding on him, any sales, registrations mortgages, foreclosures, etc. It implements the cd. "prenotativo effect", that is when you will get the final transfer, the effects of the transfer retroagiranno substantially on the date of registration of the preliminary.

  • What if one of the parties refuses to sign the final contract?

    There are two possible solutions:

    1. the "good" part (the one that wants to conclude the final contract) can act on the cd fulfillment compulsory to obtain a judgment which has the effect of the contract is not concluded. To this end it is necessary to "offer" to the other party as it had committed to do with the preliminary agreement. In addition it can also request an order to pay damages.
    2. the "good" part may request termination of the contract in order to obtain a judgment of dissolution of the contract; in addition it is possible to demand the return of the amount paid or the return of the property delivered and damages. In the event that a deposit has been paid, the performing party can very simply declare to withdraw and demand the return of double the deposit (if it is the party who has given) or hold (if it is the part that has received).
  • How to register the contract?

    The preliminary contract must be registered with the Inland Revenue within 20 days. since the signing of the preliminary, or within 30 days. if the contract is signed with a deed

    the main taxes to be paid are:

    • the registration tax in a fixed amount (€ 168.00, € 200.00 with effect from 1 January 2014)
    • the proportional tax equal to 0.50 of the deposit
    • the proportional tax of 3% on each deposit if the sale is subject to registration tax (in the case of purchase by individuals).

    Taxes paid in relation to the deposit and any advance payments will be deducted from registration due at the time of signing the final deed, unless the sale is not subject to VAT.

  • What are the facilities for the purchase of a first home?

    On the purchase of a first home it is due on the sale price

    1. if you buy from a company (eg .: the manufacturer)
      • VAT at 4%
      • the mortgage tax in a fixed amount of € 168.00 (€ 200.00 as of 1 January 2014)
      • the cadastral tax in a fixed amount of € 168.00 (€ 200.00 as of 1 January 2014)
    2. if you buy from a private owner
      • the registration tax of 3% (2% from 1 January 2014) (the buyer - under certain conditions and appropriately consulted the notary - can request that the tax base is determined based on the revalued cadastral income, regardless of the price agreed, cD. mechanism of price / value)
      • the mortgage tax in a fixed amount of € 168.00 (€ 50.00 as of 1 January 2014)
      • the cadastral tax in a fixed amount of € 168.00 (€ 50.00 as of 1 January 2014)

    Appliances first home (box, wineries, tettorie, parking) enjoy the same facilities, with a limit of relevance for each category (eg .: box).

    If the purchase of the first house we made use of a estate agency is expected to be deductible for income tax (to the extent of 19%) of the fees paid to the agency for a sum not exceeding € 1,000 ; in practice it recognizes a maximum deduction of 19% of € 1,000 = € 190.00 which will be allocated proportionally to the percentage of ownership in case of purchase of more than one owner (eg. the spouses).

  • What are the requirements to have the facilities?

    Who buys the first house can enjoy the facilities provided:

    • not own, in the same municipality, another property suitable to be used as a dwelling, even in communion with the spouse;
    • is not entitled to rights of use, usufruct, habitation on another property in the same municipality;
    • not holding, in whole or in tranches of other property throughout the country, for which has already benefited from the concessions;
    • the property is located in the municipality in which the buyer has established or will establish his residence within 18 months of purchase, or in which it does business;
    • the property purchased is not considered "luxury".
  • What professionals turn to?
    • For an evaluation of the content of the contract: notary or Lawyer
    • For legal action (eg termination of the contract, compensation for damage etc.): Lawyer
    • To check the characteristics of the object of purchase: surveyor, engineer, architect.
    • For the conclusion of the act and for the application of reduced taxes: notary.
  • What is the law to protect the purchasers of properties to be built?
    Property "on paper" (buildings not yet built and there are, in fact, only on "paper") he came to visit in very serious difficulties if the seller-manufacturer, which had certainly received adequate deposits or advances on the price at the time of signing the preliminary, or did not sell the property constructed or not finished, or you used to come in a situation & quot; crisis & quot ; (Foreclosures, bankruptcy courts, etc.) In order to nullify the purchase and to make substantially irrecoverable amounts paid by the aspirant buyer. Such forms of injustice have so led the legislature to approve the law in question, which, despite the many problematic aspects, introduced in our legal important means of protection for the purchaser of property under construction; the latter, also can not give up the protections provided.

  • What about the law to protect purchasers of properties to be built?

    The law has a very specific scope, the properties to be built: What are they? The law defines these properties as those for which he has already been requested (mind you, not necessarily required and granted) planning permission, which are yet to be built or the construction of which is not yet completed being in the stadium that does not yet allow the release of the certificate of viability. What does this mean? First, it must be said that the building permit is the fundamental instrument permitting the applicant to be able to build, issued by the municipality responsible for the area as a result of a complex administrative process. The certificate of viability is then the certificate issued by the City also competent, which ensures that the property and its facilities have the conditions of safety, health and energy savings provided by law and regulations. Therefore, in order to invoke the protections provided by the law, it is necessary for the building to be built is on & quot; between & quot; these two moments, one in which you are asked for permission and that in which the certificate is issued to viability; we must therefore be very careful when buying a property "on paper": if it has not yet been applied for permission to build (and thus there is essentially only an idea, albeit specific about what you intend to accomplish) or you already it has been issued the certificate of fitness for use (and therefore the property is already in position to be inhabited and must, therefore, be considered "finished", at least for civil law) you can not claim the application of the law and invoke the protections set out in it.

  • Who cares about the law to protect the purchasers of properties to be built?

    The law provides for very specific target: not all buyers are "users" of this discipline, but only those who are individuals (and not, therefore, companies or associations or other legal persons cd). More precisely, the "buyer" for the purpose of the law is that individual who is promissaria buyer or purchasing a building to be built or that has entered into any other agreement, including leasing, which has or would have the effect of purchase or at least not immediate transfer of ownership or other real right of enjoyment of a property to build, or even one who, partner or no partner, he has agreed with a housing allocation in property or other real right enjoyment of a property to be built. The definition of the law is not easy, but we will try to clarify it: in essence, buyer is one who has a contract, either a preliminary or otherwise, that has the effect of binding the parties to a future transfer of ownership of a building to be built. The identification of the "other" contracts is technical issue of some complexity that can not be discussed here; if a "buyer" was to be found in front of an agreement "particularly" it should be talk to a lawyer, who will assess the relevance of the same with the law in question.

    But even those who sell is not a subject any: he must be a "builder", which is defined by law as the business owner or the housing association that promise for sale or sell a property to be built, or who enter into any other agreement including that of leasing, which has or may not result in the sale or transfer is not immediate in favor of a purchaser of the property or of a real right of enjoyment of a property to build, both in the case in which it is built directly by the same, both in case of the realization of the construction is given in agreement or otherwise performed by third parties. Here too, the definition is not simple; It suffices to say that the manufacturer is always the one who "professionally" performs this task (entrepreneur) or a housing association and who enters into a contract of the above type; then the manufacturer is not private. Warning: the manufacturer is also the one who, always being an entrepreneur, agrees to sell the property to a third party contractors while entrusting the material realization of the property.

  • How to write the contract suitable to the law to protect purchasers?

    The regulation establishes rules concerning very specific about the content of the preliminary contract or otherwise of the contract that commits the future sale of the property to be built; the content of the contract is expected in the art. 6 of the Decree, which contains a long list that is not the place to comment on this basis; suffice to say that this provision, precisely because it is aimed at protecting the buyer, requires that the cd essential elements of the contract are very specific: the object of the contract, that is, the property must be described with great care and great detail, both with regard to the data and cadastral building (ends of the building permit or the permit application) and with regard to the technical characteristics of the building (with the obligation to attach the specification and project tables), and finally with respect to any "liens" prejudicial, such as mainly mortgages; the price must be determined and must be indicated any down payments or deposits paid or to be paid, while the method of payment must be "traceable" (transfers, checks, etc.). Also the elements C.D. Accessories must be clearly specified: the deadline for delivery of the finished work should be specified, and should also be indicated who the person eventually has been or will be responsible for carrying out the construction (contractor). Finally, it is strictly necessary to indicate details of the guarantee that the manufacturer has to deliver, on pain of nullity, the purchaser pursuant to art. 2 of the Decree, guarantee that, as we shall see in the next section, it is one of the most important news of the discipline in question.

  • What protection in the event of crisis the manufacturer, or the surety?

    We said that the Legislative Decree n. 122 of 2005 introduced important instruments of protection to the buyer; but what are these tools?

    Perhaps the most important and certainly the best known is the guarantee that, pursuant to art. 2, the manufacturer is required to activate and to deliver to the purchaser at the time the contract was concluded. First it should be clear what is a guarantee: it is a guarantee instrument cd "Staff" (as opposed to collateral-called "real", such as the pledge or the mortgage, in which is the thing - or res - with a guarantee) under which a person agrees to pay a debt of a third if the latter fails to do so or even apart from that (first demand guarantee). However, for properties to build our legislature has imposed on the manufacturer to provide and deliver to the purchaser at the time of signing the preliminary contract or the contract that still committed to the future transfer, a surety bond that guarantees the buyer the return of all as the same has paid or will pay, plus interest, before the purchase of the property where the entrepreneur comes to rest in a "crisis situation". It is good to clarify the meaning of this: as we have already pointed out above, one of the most important problems that the law in question wanted to solve was that of purchasers of properties to build that, often, were anticipated to have large sums to the manufacturer and that , against the possible failure or otherwise of the difficulties of the entrepreneur, they were unable to obtain the transfer of the property or the reimbursement of the amounts paid, because, in most cases, all the property of the manufacturer had been mortgaged in favor banks, not prejudice nothing or very little for the repayment of advances and / or deposits. Here, therefore, it was necessary to provide guarantees to buyers, and was then created the surety for the case of "crisis": this situation is whenever the manufacturer suffers a seizure that concern property under construction or the land on which will be built (executive procedure designed to bring forcibly alienate property using the proceeds to creditors), or fails or it is required an arrangement with creditors or other insolvency proceedings (procedures that sanction in general a substantial condition of insolvency, an inability to pay its debts normally). Faced with these situations (and, mind you, only of them) the purchaser may dissolve the contract and demand the return of the amount paid as deposit and advance payments. But who will do this? Obviously the guarantor, that is the third that has paid the guarantee, which will be the third, as required by law, a bank, an insurance company or a financial intermediary in writing to a particular special list. It is particularly important in these cases to ensure that the entity providing the guarantee is reliable and solvent. The importance of the delivery of the surety is evident when you consider that its absence leads to the nullity of the contract (the contract is not valid and will not have any effect) on the transfer of the property to be built; it is also of nullity so-called relative, that is, which can be invoked only by the purchaser, and so the manufacturer can not take advantage of a lack which is beyond his control. The guarantee must then contain the waiver of the benefit of redemption, that is to be operated immediately without having to go to a prior request to the manufacturer, and any failure to pay the premium has no effect for the buyer.

  • What is the after-sale protection?

    The law does not just protect the buyer in the event of crisis, but has developed other means of protection for the difficulties that may arise after the sale.

    First, the legislature requires the manufacturer to deliver, at the time of signing the final contract with the transferring of the property (or the constitution of other real right of enjoyment) of the property built by now, an insurance policy (commonly called Also posthumous decades) that guarantees the buyer against the hypothesis of destruction, danger of ruin and, in general, of serious defects of the property (all cases under art. 1669 cc, that is the guarantee for the fall and defects immovable things). Because this tax? The reason comes from the fact that, often, the C.D. builders, often made in the form of a corporation, once the work, melting the companies themselves which were then deleted from the Register of Companies; happened therefore that buyers who discovered the existence of serious defects and that they could rely on the protection of art. 1669 cc, they could not do that because ... there was no one left to sue! Here, therefore, it was decided to impose the manufacturer to pay an insurance policy covering the risk of serious defects of the property for a period of ten years from completion of work and then compensate the buyer for damages that may suffer Because of these flaws, even if such damage should be caused to third parties (technically it is a policy on the civil liability of the manufacturer in accordance with art. 1669 cc to the purchaser).

    Another tool of considerable importance is the exemption from the action to void in bankruptcy: what is it? When a company goes bankrupt, the trustee in bankruptcy (ie the person who essentially manages all stages of bankruptcy proceedings after the bankruptcy decision) has the ability to "revoke", ie to make "ineffective" or no effect with respect to bankruptcy the acts with which the bankrupt, within certain time limits before the declaration of bankruptcy, ordered his goods can be either the payments, sales, etc. For failure is an important tool because it allows you to recover funds to be used for the payment of creditors. The sale of a property, if it takes place on schedule by bankruptcy law, it is certainly an act (format) that can suffer the ax of revocation; the effect is particularly severe for the purchaser, because the same is essentially deprived of the goods purchased, which is returned to the editor, and, for the return of the price, will "creep" (ie make a request for payment of their credit) in the bankruptcy liabilities by participating with all other creditors in the allocation of the bankruptcy (ie the proceeds from the sale of all assets of the bankrupt). That's the law ruled that if the purchase involved a building to be built (and later built) for which the purchaser has agreed to convert it into a house of their own, or their spouses or their relatives or relatives up to the third degree, and the selling price is "right" at the time of signing the preliminary, then it is not possible for the trustee to exercise the revocation action.

  • Glossary of terms
    • ordinary administration acts: are those acts which tend only to manage a complex balance sheet without affecting the texture.
    • acts of extraordinary administration: are those acts which affect the assets of the person such as the sale or purchase of real estate or movable property of value, acceptance of inheritance etc.
    • notarial act: is a statement signed by the citizen to prove conditions - eg: single / unmarried - facts and personal qualities of which have direct knowledge.
    • public act: the act is drawn up before a public official (such as eg. a notary).
    • ability to act: capacity - that is acquired by age - to put in place effectively acts capable of affecting the legal situations of which you hold, eg. purchase or donation of a house.
    • deposit: is the amount of money that the promissory purchaser shall pay the promissory seller at the conclusion of the preliminary contract, confirming the seriousness of the parties.
    • home (domicilio): is the place where the person has established the headquarters of his business and affairs (the place where he works).
    • house (dimora): is the place where the person concerned is private, even if only temporarily, as the study, cultural or leisure activity, an occupation, trade or business.
    • guarantee (fideiussione): it shall mean the act whereby a bank, an insurance company or financial intermediary, guarantees the fulfillment of the obligation of the debtor to the creditor.
    • warranty against eviction: the vendor declaration that the asset sold is not levied on goods rights of third parties or that third parties can boast.
    • Mortgage: relates to real estate and movable property - eg .: car - which are given as collateral for a debt.
    • residence: is the place where the person has his habitual residence (the place where he resides).
    • penalty: is the performance (usually, the payment of a sum of money) which was held a party to the contract in case of default or delay in performance.
    • foreclosure: is the constraint imposed on certain real or personal property to satisfy a debt.
    • property registers: are the books in which are entered all the acts that relate to real estate, such as sales, donations, subscriptions mortgage, foreclosures; They can be found at the Agency of the territory where the property is located.
    • authenticated private: that is made before a public official (ex .: notary) as to the identity of the person signing.