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We feel that it's helpful to clearly define our Services.
Our aim is to ensure that the purchase process is as smooth
as it can be and we are here to assist you during each of
the stages.
Sales Commission of 3% more V.A.T. (20%) of the purchase
price is payable to "Living S.r.l." once the Preliminary
Sale Agreement or the Binding Unilateral Purchase Proposal
have been signed.
The following is a summary of our services and of the way
we use to work:
- You will be only asked to send us, after having filled
in all its parts, the "request of information"
form, that you will find at the following address:
www.umbriaforyou.com/inglese/ask_for_info_sale.htm
We would like to inform you that all personal details in
the form will be kept in the strictest confidence and they
will not be disclosed to third parties according to the
privacy act.
- We will undertake to search for property that meets your
requirements and then send, by your requests details with
colour pictures of each property
- If appropriate, we will meet with you in our offices in
Italy to clearly understand your requirements. We also feel
that it really helps to "get to know you" since it is wise
to embark in a more detailed search for a property that
meets your requirements
- We (or one of our regional associates) will accompany
you when viewing the property and provide translation assistance
if necessary.
- When viewing a restoration project we can provide an architect
or surveyor to attend the viewing to answer any questions
that you may have.
- The Preliminary Sale Agreement and the Binding Unilateral
Purchase Proposal too are legally binding for both the buyer
and the seller.
- During the legal process, we continue to be involved,
ensuring that the papers are completed and signed according
to the agreed plan. "Living S.r.l." is not authorised to
complete any legally binding paperwork for the purchase
of a property, because in Italy it is necessary to appoint
a Public Notary to complete the paperwork.
- In order to complete the transfer deed the Purchaser must
have an Italian tax code (Codice Fiscale), if he or she
does not have it Living S.r.l. is able to obtain this document.
- On completion of the Preliminary Sale Agreement or the
Binding Unilateral Purchase Proposal , we will present our
invoice for Sales Commission that is due in full upon presentation.
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LEGAL
INFORMATION ON BUYING A PROPERTY IN ITALY |
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All types of property in Italy are
considered Freehold, be they a city apartment, a rural castle,
or a piece of land. The legal technicalities such as local conveyancing
laws and regulations, legal and agency fees and registration
taxes involved in purchasing property in Italy are not complex
and "Living S.r.l." will guide you through these procedures.
Having found the property of your choice and having agreed the
price with the Seller through us, a Preliminary Sale Agreement
or a Binding Unilateral Purchase Proposal will be drawn up.
The first serves as a promise on the part of the Seller to sell
to the intending Buyer and, once completed, is to be signed
by both parties. The Binding Unilateral Purchase Proposal serves
instead as a promise on the part of the Purchaser to the Seller
to buy the property, to be accepted it has to be signed by both
parties, to complete the transaction. |
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PRELIMINARY
SALE AGREEMENT |
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The Preliminary Sale Agreement states
the description of the property, surrounding estate and any
other notable points. It will state the full value of the property,
method of payment and establish a date for completion. Once
a completion date has been agreed, it must be adhered to.
When signing the Preliminary Sale Agreement, a down payment
of at least one third of the full purchase price must be paid
which, according to Italian Law, is forfeitable should the Purchaser
fail to complete the transaction for any reason which is not
covered in the Preliminary Sale Agreement.
The Preliminary Sale Agreement contains a clause which outlines
the Purchasers right to redeem his party to the agreement should
it be found that the property is encumbered with liens, debt(s)
or any complication detrimental to its purchase and/or value.
In such cases the Vendor must return the payment made when the
Preliminary Sale Agreement was originally signed, plus an agreed
amount in compensation.
Should the Vendor, after having signed the Preliminary Sale
Agreement, for any reason break the promise to sell to the Purchaser,
then the Vendor must pay the intending Purchaser double the
amount paid by the Purchaser at the time of signing the Preliminary
Sale Agreement. It is for this reason that it is in the interest
of the Purchaser to pay the maximum possible at the time of
signing.
When the Preliminary Sale Agreement is signed the due commission
to "Ges Ter di Mauro Egizi s.a.s." plus sales tax
must be paid.
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BINDING UNILATERAL
PURCHASE PROPOSAL |
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There are two ways of purchasing a
property in Italy and for those who live abroad the Binding
Unilateral Purchase Proposal is the smoother procedure. Through
the Preliminary Sale Agreement, the Purchaser needs to be here
to come to an agreement with the Seller, who might also not
live in the area, an instant availability of money, therefore
enough time to spend in Italy in order to complete the process.
Instead, a draft of the Binding Unilateral Purchase Proposal
will be drawn up by "Living S.r.l." and it will be
posted to the Purchaser address which after approval will sign
it and send it to the Seller through us.
The Binding Unilateral Purchase Proposal states the same clauses
of the Preliminary Sale Agreement with the difference that it
is a proposal made by the Purchaser to the Seller who also has
the right to refuse it, before anything will be paid.
Living S.r.l. will provide to communicate the Purchaser the
acceptance or the refusal of the proposal from the Seller part.
When the Binding Unilateral Purchase Proposal is signed by both
parties, the due commission to "Ges Ter di Mauro Egizi
s.a.s." plus sales tax must be paid. |
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TRANSFER OF DEEDS |
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At the Completion of Sale, on the
date agreed by in the Preliminary Sale Agreement, a transfer
of ownership of the Property Deeds takes place. This is called
the "Atto Notarile" and is performed in Italy by a
Public Notary who acts impartially for both parties. It is the
Notary's responsibility to ensure that the property purchased
is free from all encumbrances.
According to Italian Law the Notary's fees are to be paid by
the Purchaser. Law on a sliding scale dictates these fees, which
is dependent upon the amount of work undertaken by the Notary.
In addition, a Registration Tax is also payable by the Purchaser
to the State and is calculated on the "Catasto" (Land
Registry) value of the property.
The Purchaser must pay all final payments to the Notary upon
the Agreed Date of Completion. It is the Purchaser's responsibility
to ensure that the necessary funds are paid in Italy by the
said Completion Date.
Following the satisfactory completion of the Sale the Property
Deeds are registered with the "Catasto" (Land Registry)
in the area in which the property and land lies. |
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"Living s.r.l." will
provide a detailed financial breakdown for your chosen property. |
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