Tag Archives: Consapevolezza

THE PROPERTY PURCHASE PROPOSAL

Article 1326 et seq. of the Civil Code

The property purchase proposal is the tool, mainly used by real estate agencies, that allows real estate negotiations to be brought to a successful conclusion while protecting all parties.
The proposal contains:
- The personal data of the proposing party;
- The description and identification of the proposed property;
- Offered purchase price and payment terms;
- Effectiveness of the purchase proposal, i.e. the time during which the proposal is irrevocable;
- Delivery of the property in case the proposal is accepted by the selling party;
- Information on the notarial deed, timing and notary chosen to draw up the final deed (the notary is chosen by the purchasing party);
- Acceptance of the proposal;
- Mediation fee, part of the agreed commission in case the negotiation is successful.
The proposal is formalised by means of a pre-printed form filed with the Chamber of Commerce.
Agenzia-Immobiliare-Proposta-di-acquisto-Compravendita-Cagliari-1-205×300.jpg ¬ Agenzia-Immobiliare-Proposta-di-acquisto-Compravendita-Cagliari-2-209×300.jpg ¬
It is appropriate to enclose:
- A deposit slip, usually a bank, postal or bank draft made payable to the seller. The cheque is held in trust by the real estate agent until the proposing party has knowledge of the acceptance of the proposal.
- Should the proposal be rejected and the parties fail to reach a fruitful agreement, the real estate agent is obliged to return the title.
- Any annexes containing suspensive clauses, which allow the proposing party to protect itself with regard to the obtaining of documentation or the request for financing in the form of a mortgage loan.
When the proposal is formalised, it is presented to the selling party, who has three options:
- Accept the offer;
- Make a counter-offer;
- Reject the offer.
Da-inserire-1-Custom-300×225.jpg ¬
In the first case the selling party will sign the form for acceptance, which acceptance will be communicated to the offering party.
Once acceptance has been communicated, the proposal shall have binding effect on both parties, who shall become: Selling Promisor and Purchasing Promisor.
At this point the proposal will become a 'Promise to Purchase' and the owner will be able to cash the enclosed cheque at the formalisation stage, unless otherwise agreed between the parties.
Da-inserire-2-Custom-300×225.jpg ¬

This procedure is called 'accatastamento' and is carried out by means of the DOCFA (Documenti Catasto Fabbricati) computerised procedure in which the taxpayer himself, with the help of a qualified professional technician, proposes the cadastral annuity.
If the Revenue Agency rectifies the proposed or already attributed cadastral annuity, it is obliged to notify the interested party of the new cadastral annuity against which, within 60 days, an appeal may be filed with the competent Tax Commission.
taxes-home-670×274-1.jpg ¬

Land registry changes and registrations
When a deed of transfer of rights in rem in immovable property is to be registered or a declaration of inheritance is to be filed, an application for cadastral transfer must be submitted within 30 days of registration of the deed.
The application for cadastral transfer enables the registration of land registry deeds and the transfer of ownership or other real rights. This obligation can be discharged by notaries by applying for 'automatic transfer by transcription note', whereby the updating of land registry deeds is carried out directly with the help of the data submitted for transcription at the registrar's office.
In the case of cadastral variations of an objective nature, i.e. those that have permanently affected the type, consistency or intended use of the property, the interested parties are required to submit a special application to the office of the Agency.
Both changes and land registry changes can be submitted on a magnetic medium, thus enabling the immediate updating of the deeds.