Buying a property in Sardinia as a foreign buyer is not only a matter of taste and budget. It is a legal and practical decision that should be taken with full knowledge of what you are actually buying, who you are buying it from and which rights and risks come with the property. Our legal due diligence service is designed to give you this clarity in writing, before you sign binding documents or transfer significant amounts of money.
Our work is carried out primarily in writing, in English, to guarantee clarity, transparency and a shared record of every step. This avoids misunderstandings, allows you to read and reflect across time zones, and gives you a structured document that you can keep, share with your family and use in negotiations.
What we check in legal due diligence
Legal due diligence is a structured legal investigation on the property and the parties involved, not a quick look at the draft contract. In our role as lawyers, we focus on the legal and documentary side of the transaction.
Typically, we examine:
Title and ownership
- who the current owner is and how they acquired the property
- whether there are other co‑owners or potential claimants
- whether there are ongoing disputes, annotations or entries that may affect ownership
Mortgages, liens and prejudicial entries
- presence of mortgages, judicial liens, seizures or other prejudicial registrations
- third‑party rights that may reduce the value or usability of the property
- time sequence of registrations, to understand priorities and possible risks for you as buyer
Third‑party rights and restrictions
- easements and rights of way benefiting or burdening the property
- contractual limitations or long‑term agreements that bind the owner and will pass to you
- options, pre‑emption rights or other rights in favour of third parties
Condominium and shared property aspects
- condominium by‑laws and regulations
- rules on use of common areas, short‑term rentals and alterations
- information on ordinary and extraordinary expenses, possible arrears and disputes
Debts and potential liabilities linked to the property
- whether there are known or foreseeable claims that could impact you as future owner
- how contractual clauses should be structured to allocate responsibilities correctly
Consistency of the legal picture with your intended use
- whether what emerges from the documents seems compatible with what you want to do (holiday home, long‑term residence, rental, investment)
- which aspects should be clarified or adjusted before you sign any binding commitment
Planning, building and technical aspects: how we coordinate with experts
Planning and building compliance is essential, but it has a strong technical component. As lawyers, we:
- review the planning documentation that is already available (for example, permits, amnesty decisions, planning measures, landscape restrictions)
- highlight from a legal perspective where those documents may limit the way you can use the property or affect your plans for future works
However, some checks must be carried out by qualified technical professionals such as architects, engineers or surveyors. This includes, for example:
- comparing the actual state of the property on site with the plans
- technical access to municipal files and detailed building documentation
- assessments on structural condition, systems and construction quality
In these areas, we do not replace technical experts. Instead, we cooperate with trusted professionals, integrate their written findings into our legal due diligence report and explain what their conclusions mean for you in legal and contractual terms.
How our written due diligence process works
Because most of our clients are abroad, our due diligence is built around clear written communication rather than improvised calls. The typical sequence is simple and structured.
1. Written brief and goals
You send us:
- basic information on the property
- documents you already have (brochure, draft offer or preliminary, extracts, any previous reports)
- your objectives: why you are buying, your time frame, and your main concerns
This initial exchange already happens in writing, so your goals and our scope are clear and traceable.
2. Collection and analysis of legal documents
We obtain and analyse the necessary legal documents from the relevant registries and from the parties involved. Depending on the case, this includes title deeds, land‑registry and transcription searches, mortgage and prejudicial entries, condominium documentation and other relevant contracts.
3. Written legal due diligence report
You receive a structured written report in English. It typically contains:
- a factual summary of what we have found, with references to the underlying documents
- identification of the main legal risks and open points
- an assessment of how these issues interact with your intended use of the property
- a clear conclusion in plain language, for example:
- “legally acceptable in the current form”
- “acceptable only if certain protections or conditions are included in the contract”
- “not advisable – we recommend not proceeding unless specific issues are resolved”
4. Written recommendations and contract strategy
Together with the report, you receive written recommendations on:
- which clauses should be added or modified in the offer or preliminary contract
- how payments and deposits should be structured and protected
- which conditions or clarifications should be obtained before you sign
If you wish, we can then discuss everything in a call or video meeting, but the backbone of our work remains written. This is intentional: it protects you, gives you a permanent record and avoids misunderstandings.
When our legal due diligence is most useful
Our legal due diligence is particularly valuable when:
- you are buying from abroad and cannot personally follow every step on site
- the property has a high value or is part of a larger family or investment strategy
- you have already received a draft offer or preliminary contract and want to know whether it reflects the real legal picture
- you suspect there might be complex elements such as easements, co‑ownership, past disputes, liens or condominium issues
- you are a foreign buyer acquiring real estate in Italy and, simply because these are immovable assets and therefore valuable by nature, it is always advisable to carry out a legal check in order to avoid future problems that may prove far more expensive than the cost of the due diligence itself, even where the purchase price is modest and the property appears trouble‑free at first sight
Ideally, due diligence should be carried out before you sign a binding offer or preliminary contract and before you pay a substantial deposit. Even if you are already partway through the process, a focused legal review can still help you understand your position and decide how to proceed.
If you are considering a property in Sardinia and you want a clear, written legal view of what you are about to buy, you can contact us and share the basic information and documents you already have. We will tell you whether a full legal due diligence is appropriate and how, concretely, it can help you take your next steps with confidence.