The article discusses the potential pitfalls related to the nullity (nullità ) of real estate purchase contracts, regulated by Article 1418 of the Italian Civil Code. Nullity can result from irregularities, illegal causes, reasons, or lack of requirements in the contract’s subject.
In the context of an Italian real estate purchase, “nullity” refers to the legal concept that renders a real estate purchase contract invalid or void. When a real estate contract is declared null and void, it means that the contract is deemed to have never existed, and it has no legal effect.
In practical terms, if a real estate purchase contract is declared null and void, it means that neither party is bound by its terms, and any transactions or actions based on that contract are considered legally ineffective. This could be due to issues ranging from problems with the property’s documentation to fraudulent activities during the transaction.
Specific cases of nullity include:
1. Cadastral Discrepancies: Correct indication of cadastral data is crucial to avoid absolute nullity.
2. Urban Planning Discrepancies: Compliance with authorized building practices is vital, with both seller declaration and buyer verification.
3. Notary Checks: The notary, while not responsible for cadastral and urban planning checks, must perform necessary examinations to ensure property regularity.
Nullity can be claimed through legal action, considering time, contractual requirements, and the extent of invalidity, underscoring the importance of awareness and proper legal assistance in ensuring a hassle-free real estate transaction.
