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Real Estate Due Diligence

When it comes to inheritance or purchasing or selling property in Italy, as a general rule, we advise checking several pieces of information related to the property or its current owner before signing any document or transferring any money.

Specifically, based on a check-list of public records and paperwork searches, it is possible to retrieve the following information, which are crucial for a property to be safely transferred:

  1. Current property’s ownership;
  2. Consistency between actual ownership and the property’s features (e.g., number of rooms, size, intended use, etc.) mentioned on the title and in public records. It is extremely common for public records to not be updated with the current status of the property;
  3. Current property owner’s bankruptcy and financial obligations status (e.g., possible seller’s tax debts are subject to be transferred to the buyer);
  4. Possible mortgages, title liens and third parties’ rights on the property title;
  5. Possible debts or obligations, in terms of condo association fees and expenses, left unpaid or past-due by the seller;
  6. Current owner’s right to sell the property (e.g., in case of joint ownership, all owners are required to be involved in the transaction);
  7. Presence of planning permissions or amnesties for possible illegal renovation or enlargement works.

Contact us for additional information.

For some technical aspects, involving a local surveyor may be necessary.

For example, before purchasing or listing a property for sale, we usually advise appointing a surveyor to check for the following:

  • The absence of possible illegal constructions or works. In fact, in order to sell a property, its actual status must be consistent with information contained in public records, official layout blueprints. Agreeing to buy a property without this preliminary check implies that the buyer assumes the risk to be responsible for possible inconsistencies after closing;
  • If the certificate of occupancy is available and, if not, checking if the property meets the legal requirements to successfully obtain one and, possibly, apply for it;
  • An independent estimation of the market value of the property;
  • The property is not occupied by possible squatters or third parties that have rights (e.g., tenants, usufructuaries, etc.). This aspect is crucial, as the buyer – aware or not – takes over possible lease contracts existing for the property;
  • In case of land purchases, check for the existence of permits to build on the property and the absence of restrictions due to landscape protection.

We assist our Clients in obtaining all of the information above, review all paperwork and provide legal advice for all related matters.

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We promptly reply to all messages within two business days. For any urgent matters kindly type “URGENT” in the Subject.
Your personal information will be kept strictly confidential, in compliance with current regulations.

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The information contained in the pages of this website has been written and reviewed by Italian lawyers. However, kindly note that contents may not be updated. In addition, please be aware that the info in this website is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Studio Legale Stornelli and the reader or user of this information.

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