Legal Due Diligence
We are buyer’s attorney
Before buying a home, have the title examined by a real estate attorney.
Buy safely your coastal sea view villa and rural house in the ordinary and distressed market, bargain, undervalued property, bankruptcy, and Public Heritage’s sale and auctions.
Our legal protection is done through scrupulous due diligence and property investigation, checking the regularity of the eventual agreements or contracts – also already signed – and the legitimacy of the actual claims by the parties, if these are regularly registered and formally valid through appropriate due diligence at the Competent Offices.
Property Due Diligence & Title Examination of a Property is done in the following way:
- Check of the documents and reports at the Catasto Office;
- Check of the documents and reports at the Conservatoria Office;
- Check for any prejudicial Transcription;
- Check for any prejudicial Donation;
Otherwise, you can hire us asking for the Property Purchase Consulting Pack, and receive the complete legal assistance for buying your house in Sardinia or in a top destination in Italy.
In any case, we will ensure that:
1) The seller really owns the property and has the right to sell it:
The lawyer ascertains the identity of the parties involved in the transaction and their right to act, by verifying the matrimonial property regime applicable between spouses, any power of attorney, etc.
Our check on the identity of the parties serves to avoid the risk of identity theft, which is widespread in jurisdictions where there is no “Latin” notary.
2) The property is not mortgaged:
We ascertain that there are no previous mortgages, liens or foreclosures recorded at the Territorial Offices of the taxation authorities.
We will ensure also that the property in question is not subject to specific constraints e.g. in terms of public housing (existence of particular individual requirements on the buyer, or price constraints), or right of first refusal in favor of certain persons, or covenants regarding assets classified as of historic, artistic or archaeological value.
3) The previous owner has paid all service charges:
Upon completion, it will be essential to have the managing agent prepare a statement on the payment in full of service charges and levies by the seller since the buyer is liable for the non-payment of service charges due in the previous year.
4) The cadastral plan conforms to the actual state of the property:
Our Due Diligence includes the check for ensuring that the cadastral plan exists and must bring it to the
attention of the parties; the seller must declare and guarantee correspondence between the cadastral plan and the actual state of the property.
5) The necessary checks have been put in place to ensure that the property is in order in terms of building/planning permissions
6) An appropriate fiscal regime adopted by the parties:
The lawyer identifies the taxation applicable to the specific case and proposes it to the parties as well as checking, following indications from the parties, the existence of the requirements for any tax benefits (for example, benefits for the purchase of a first home, or a tax credit or exemption in the case of transfers pursuant to separation or divorce proceedings).
7) The energy performance of buildings is certified in accordance with national and regional rules:
8) Regulations have been observed regarding money laundering, traceability of payments and the commissions and legal fees paid.