The Search

We want to help you to find the right house in the most economic and pleasant way. Therefore we make our appointments only by prior arrangement (phone or e-mail). In order not to waste unnecessary time and effort we find a preliminary chat an excellent idea when we first meet. It gives us a clear picture of what you are looking for and we will only show you those properties, we think might appeal to you. As people often change their ideas once they start their search in earnest, we stay flexible enough to change course if necessary. In case you know the Marche already and have a preference for a particular area, please let us know.It is in any case a good idea to have two full days free for viewing, so as to leave yourself time to get to know the area a little, and who knows – perhaps really find the house you are looking for. We can arrange hotel accomodation for you if you like.

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The Sale

If you do find a house you like and decide to buy, then the sale process begins. It's the same the world over apart from a few details.

First stage

You have set your heart on the house you want and informed us. Now you have got to be ready to fulfill the conditions of the preliminary contract, the so-called "Compromesso" (=Contratto Preliminare), which is legally binding on both vendor and purchaser. The compromesso is a private contract between you as purchaser and the owner of the property as vendor, and once signed is backed by the full force of the law. At this point normally 20% of the agreed price must be paid to the owner of the house. In case you have at this point already left the country it is possible to do the signing by fax and pay by bank order When both parties, that is to say home buyer and seller have signed this contract document and the money for the "Compromesso" has been accepted by the seller, both parties are from that time on, legally bound to the agreement. You cannot withdraw from the contract and the house cannot be sold to someone else. The price can no longer be changed and the agreed price must be paid. If you nevertheless wish to withdraw from the purchase at this stage then the 20% deposit will be forfeited. If the seller backs out from the sale, he is in turn obliged to repay twice the amount to the potential buyer. This is called "Caparra confirmatoria". Therefore it is important that in the compromesso the "Caparra confirmatoria" is mentioned, otherwise the penalty does not apply.Before the signing of the compromesso we will verify that the property is free from debts, is not held in mortgage and is not involved as part of any adverse planning schemeIn case you do not want to travel to Italy for the signing of the compromesso, the contract can be concluded by fax. In such cases, the contract is not legally binding until the 20% deposit is transferred to the vendors bankaccount.According to Italian law, our commission is due once the compromesso has been signed.

About surveyance and purchase offer.

When purchasing a house in Italy, you should follow the Italian legal system. If you do not, for example, by offering a deposit to try pre-empt a purchase, you may encounter real difficulties later on. Consequently we always follow the official legal procedure, to complete the "Compromesso" or "Contratto Preliminare" and then the atto notarile. We always have a careful look at the condition of the houses and work together with local geometers. If, additionly, you want to get the property surveyed before  the contratto preliminare, our geometers can provide an official and independent survey of the property, which costs between 500 –750 Euro. Of course you can engage an other geometer on your own.

Second stage

The time between the Compromesso and the Notarial Sale (atto notarile) is used to provide necessary documents and certificates, settle rights of way and use, questions of boundary and pre-emption. It is very important to check wether any neighbours, who are full-time farmers have any right to buy the property, because if they do, they will do it for the lower official price. A neighbour-farmer has for a full year after the atto notarile the right to buy the property for the official price unless he has expressly forgone this right before the notarial act. It is part of our service to provide those written waivers.Then, when the legal documents have been drawn up, the next stage, the Notarial Sale takes place.
This usually happens one or two months after the signing of the Compromesso. The notary is legally bound to check the accuracy and completeness of all documents. You'll be informed of the appointment in good time, so that you can make any necessary travel arrangements. The signing of the actual Notarial Act can take up to two or three hours. You will need what's known as a "Codice Fiscale" (a type of tax number) which we can easily arrange if you provide us with the authority (which you can download here) and a photocopy of an ID document. If you're unable to come in person or would prefer to avoid the trip you have the following choices:

• You can elect somebody to officially represent you and sign the contract in your stead.
• You can elect us to represent you and sign the contract.

• All the buyers can be present
• Only one of the buyers need be present, but authorized by the other/s to represent them
• Neither of the buyers appears but a third party is elected to sign the contract

• the outstanding 80% of the agreed selling price is paid in full
• Legal costs for the sale are paid
• Land Tax is paid
• the contract is signed in person or by an elected representative of the buyer

Once signed, the Contract will be passed on to the official channels of the Italian state, and usually returned to the notary's office within three weeks. You will then receive your own copy of the Act, citing you as the new owner of the property. Other copies are retained by the Land Registry and the notary. The house is now yours!

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The Law

All our private law contracts will be written and controlled by our lawyer Dott.essa E. Ferrarini. Often there will be specific legal questions, for instance whether the wife can purchase independently or issues about inheritance. If we or the notary are unable to answer any of your legal questions, we can arrange for an appointment with our lawyer, who is an expert in this field.We can also put you in touch with a tax adviser if you want to know more about taxation or setting up a business in Italy; he would be able to tell you about such things as the availability of subsidies in the European Union.

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The Tax

The tax system in Italy is quite complicated. We cannot explain it in detail here, as there are too many exceptions, special cases etc. However we are familiar with it and will advise you to follow the most economic options.
Land Tax
On the sale of a piece of property in Italy only the buyer (and not the seller) is eligible to pay tax.: Land Registry Tax is approx. 18% on rural properties and approx.10%-11% on town dwellings. This tax is calculated according to the declared selling price of the house, and can be kept to a minimum of 3 - 4% if the house proves to be your first residence through registration as a resident in Italy. The tax will be calculated upon the officially declared sale price in the notary contract. The declared price should at least equal the value of the land registry (in case there is one), which is normally (but this isn´t a rule) about 30-50% of the market value. It is important to mention here, that it is possible, that neighbours may have a pre-emption (right of first refusal) on the property you want to buy. If this is not ruled out by us before you buy, it can be used within one year. It has happened for instance, that somebody bought a house directly from a farmer in order to save the brokerage and lost the property and much money because the neigbour used his pre-emption. 

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Notarial fee

According to Italian law the vendor can choose the notary. The notarial fee depends on the official selling price. Normally for the notary, with whom we work together, you have to pay about 1250 Euro and seldom more than 1600.- Euro. For searching if there are any outstanding mortgages you have to pay between 100 and 150 Euro, depending on the numbers of owners there are. 

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Brokerage

On agreement for an appointment with us for looking at properties you will accept the commission, we demand.Our commision rates are as follows:

(Plus 20% IVA)

Our commission fee includes brokerage costs, consultation fees and costs for the following services: application for the "codice fiscale"; assisting in opening a bank account; assisting in registration for water and electricity; translation fees for the contract (contratto preliminare) and for letter of attorney; costs for copies of land registration; costs for the "Estratto Destinazione Urbanistica" and any other paperwork and travel expenses in middle Italy connected with the notarial contract; costs for any necessary enquiries about the history of previous ownership of the property as well as all expenses which can be charged by law in addition, such as ordinary travel expenses, postal and telephone expenses are also included in our fee. In some cases, where a contract has not been agreed, we will require a fee to cover the cost of some of our expenses. Our fee does not include any survey costs.

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Restoring

If you wish to begin restoration or renovation work on the property, we can help you.People often ask about the cost of restoration. That's very difficult to answer before plans are available. Generally the quality of work of local builders is excellent. They are familiar with problems associated with restoring old buildings and are able to use skills and techniques which are unique to this part of the world. They also tend to be less expensive than their counterparts in other European countries. We can obtain estimates for restoration work; we charge between € 400 and € 800 for this service. Once you have purchased your house, you can employ us to oversee the restoration work. Our service includes obtaining estimates, applying for building permission, translating documents, sending you progress reports (including photographs), supervising the contractors and anything else with may crop up. Our fee is 10% of the restoration cost. Expenses for building contracts are charged separately. The following example will give you an idea how even a ruin without water , electricity and access road can be turned successfully into an attractive house.