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In Italy it is not the norm to involve a solicitor in the purchase of a property. All the paperwork involved in such a process is undertaken by the estate agent, with the notary carrying out all the legal investigation and research to ensure the sale is above board.
The notary fees are set on a sliding scale according to the price of the property, and should not change from notary to notary. Their job is to register the sale, to ensure that the conveyancing follows the letter of the law and to collect the taxes leading from the sale on the behalf of the government. They are completely neutral entities, and do NOT act on behalf of either the seller or the buyer.
The estate agent should also be neutral, with their only concern being that the sale go through as smoothly as possible.
So whereas it may be true that nobody is acting against your interests – except in the uncommon, but not unheard of, cases of crooked estate agents acting in cahoots with equally crooked notaries - there is nobody acting on your behalf either. And Italy is not your home country; therefore you are in a particularly vulnerable position: You are almost certainly not au fait with the minutiae of Italian property law, and you probably do not speak Italian fluently enough to be as confident as you truly need to be of what is happening during every step of the purchase process. It is therefore vital that you have somebody who is both of those things, fighting your corner and protecting your interests.
Property laws vary greatly depending on where you happen to be in Italy, so it is vitally important when choosing a solicitor that you pick someone based in the area in which you intend to buy, or at least someone who has extensive experience of how things work in that area. Speak to other foreigners who have also purchased, and see if they have any recommendations for you. There are plenty of Ex-Pat websites whose forums can provide you with an enormous pool of people who have been in similar positions to yours, and who can tell you about their own experiences as well as hopefully also being able to offer you advice on which solicitor to approach for the best service.
It is advisable, especially if you are unfamiliar with the language, that you pick a solicitor that speaks both Italian and good English. There may be UK based solicitors that can provide that very service, but before committing, ensure that they can confirm past experience in the field and more especially, in the area of Italy in which you are purchasing.
Hiring a solicitor may seem to be an extra expense on top of all the others involved in purchasing a property, and one that you would be happy to choose not to take on. But the problems that a problem sale can bring are more than capable of souring what should be the start of a brand new life and turning it instead into a nightmare. So don’t go it alone, talk to the professionals and ensure a positive start to your Italian life.
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