In the context of real estate advertising, a significant ruling was issued by the Court of Cassation on March 19, 2019 (No. 7680), establishing the invalidity and unenforceability against third parties of a transcription made with an incorrect indication of the involved party. This decision has significant implications for those involved in real estate transactions.
The case originated from a legal request for the transfer of property made by an individual. The defendant company argued that the request was unenforceable, claiming that prior prejudicial transcriptions made the application inapplicable. Although the Court of Appeals had upheld the initial decision, the petitioner appealed to the Court of Cassation, emphasizing the error in the transcription of the sales deed.
The Court of Cassation reiterated the principle of self-responsibility in the real estate advertising system. It emphasized that the validity and enforceability of a transcribed act depend solely on the content of the transcription note. Referring to Article 2665 of the Italian Civil Code, the Court highlighted that omissions or inaccuracies in the note could affect the validity of the act only based on its overall formal content.
The “principle of self-responsibility” implies that third parties must rely solely on the content of the transcription note to identify the parties involved in a real estate transaction. An error in indicating the party can cause uncertainty, making the legal formality legally hidden and, consequently, unenforceable against third parties.
The Court clarified that an error in indicating the subject against whom the transcription is intended prevents third parties from correctly identifying the involved party. Therefore, the transcription will be valid only if the error does not result in registration in the name of a person different from the actual buyer.
This ruling underscores the importance of correctly drafting the transcription note to avoid legal complications in real estate advertising.
Professionals in the field must be aware that an error can compromise the validity of the transcription, affecting its enforceability against third parties and emphasizing the essential need for precision in real estate legal documentation.
