FAQ
Frequent questions
The real estate agent is a real estate market operator who, employed by a real estate agency or on his own, provides a service aimed at facilitating the conclusion of real estate sale or rental contracts.
The primary task of the real estate agent is, of course, to find an agreement between the parties in order to conclude the deal. A fundamental role is to protect the agency and the interested party, check if there are mortgages, transcripts, mortgage support, pre-emption rights, analysis of the rental situation. Respect for privacy and professional secrecy are essential elements.
When it is decided to entrust the assignment to the real estate agency, a real contract is stipulated between the parties, through which the agency undertakes to promote, sell or seek buyers, lease, transfer the bare ownership, etc …
This contract is called “assignment” and contains all the essential elements to proceed in compliance with legal regulations between the private individual and the agency
This contract is called “assignment” and contains all the essential elements to proceed in compliance with legal regulations between the private individual and the agency
Among the various points that can be included within the mandate, the most relevant are:
• Description of the property: square meters, number of rooms, appliances, intended use, etc. must be explicitly reported.
• Indication of the real legal situation, any mortgages, transcripts, pre-emption rights, potential rental situation.
• Reporting of the duration of the assignment and the renewal procedure.
• Information on the terms within which to conclude the preliminary agreement and the deed of sale.
• Transcription of the sale price and commission, usually to be understood as subject to VAT.
The irrevocable purchase proposal is the deed through which a party undertakes, for a set period of time, to pay the seller a certain price for the purchase of the property in question. This agreement refers only to the buyer, as the seller can decide at any time to sell to someone else. In the event that the proposal is accepted by the seller, no changes can be made if it has not been accepted and signed bilaterally.
Confirmatory deposit
The confirmatory deposit acts as a guarantee: the party who pays the deposit undertakes not to withdraw from the contract, under penalty of loss of the sum; the party that receives it, on the other hand, undertakes not to withdraw, under penalty of double the amount being refunded. Generally, the payment is made at the conclusion of the contract: if the agreement is not respected, the deposit (or its double) can be used as compensation for damage. The confirmatory deposit is not considered to be the equivalent of the contract, even in the event of non-fulfillment, so no VAT must be applied to this sum.
Security deposit
The deposit, like the deposit, is a sum of money that is paid by one of the parties and is used as a guarantee against breach of the contract. Unlike the confirmatory deposit, however, in the event of default, the amount has the function of compensation for damage: in this case, this sum constitutes a constituent part of positive or negative income. The security deposit, at the end of the contract, must be returned to the person who paid it and is not included in the established amount.
The confirmatory deposit acts as a guarantee: the party who pays the deposit undertakes not to withdraw from the contract, under penalty of loss of the sum; the party that receives it, on the other hand, undertakes not to withdraw, under penalty of double the amount being refunded. Generally, the payment is made at the conclusion of the contract: if the agreement is not respected, the deposit (or its double) can be used as compensation for damage. The confirmatory deposit is not considered to be the equivalent of the contract, even in the event of non-fulfillment, so no VAT must be applied to this sum.
Security deposit
The deposit, like the deposit, is a sum of money that is paid by one of the parties and is used as a guarantee against breach of the contract. Unlike the confirmatory deposit, however, in the event of default, the amount has the function of compensation for damage: in this case, this sum constitutes a constituent part of positive or negative income. The security deposit, at the end of the contract, must be returned to the person who paid it and is not included in the established amount.
The notarial deed is the act of closing the entire process to become the owner of a property. Through this contract, the parties formalize what is written in the preliminary sale agreement regarding the transfer of ownership of a property.
This contract is signed in front of a notary who, in addition to registering it, also transcribes it in the Public Real Estate Registers so that the sale can be made public and also effective against third parties.
At the time of the Public Deed in which the transfer of ownership takes place, the possession of the property is also decentralized, which must be free from things or people, unless otherwise agreed between the parties.
This contract is signed in front of a notary who, in addition to registering it, also transcribes it in the Public Real Estate Registers so that the sale can be made public and also effective against third parties.
At the time of the Public Deed in which the transfer of ownership takes place, the possession of the property is also decentralized, which must be free from things or people, unless otherwise agreed between the parties.
The A.P.E. (before the amendments to decree 63/2013 it was called A.C.E.) is the document, required by law in the event of a sale, which describes the energy characteristics of a building, a home or an apartment.
It is a control tool that summarizes, with a scale from A to G, the energy performance of buildings, through a numerical index in Kw / m2, where the letter A indicates lower consumption, up to G which indicates higher consumption.
When buying or renting a property, in addition to being mandatory, it is useful to inform about energy consumption and clarify the real value of high energy saving buildings. The Energy Performance Certificate (APE) should not be confused with the Energy Qualification Certificate (AQE). The validity of an EPA is, in most cases, 10 years
It is a control tool that summarizes, with a scale from A to G, the energy performance of buildings, through a numerical index in Kw / m2, where the letter A indicates lower consumption, up to G which indicates higher consumption.
When buying or renting a property, in addition to being mandatory, it is useful to inform about energy consumption and clarify the real value of high energy saving buildings. The Energy Performance Certificate (APE) should not be confused with the Energy Qualification Certificate (AQE). The validity of an EPA is, in most cases, 10 years
The usufruct is the right to use a property or land and to enjoy its fruits, including the rent or agricultural products grown. Therefore, there is no formal property, also called “bare property” in legal language. Therefore, when there is a usufructuary there is also a naked owner and vice versa. The usufructuary must undertake to keep the asset in good condition, through minor maintenance or through extraordinary repairs. He will also have to pay the tax expenses and condominium expenses. The naked owner, in turn, will undertake to pay the extraordinary maintenance costs.
The real estate market is not a fixed market, so we are witnessing constant changes and evolutions. Having said that, in order to exactly define the value of a property, various elements will have to be taken into consideration, including the exact period in which the valuation is carried out, through an inspection by a real estate consultant who will estimate the property based on the current market.
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