The purchase of a house represent an important investiment so, it is essential to clrear ideas on some aspects. it is a very delicate operation beacause it needs of various procedural speps
All that significant and complex must be carefully evaluated in detail in order to optimaze resorces and energy limiting possible mistakes.
Here, 10 rules to purchase a house:
- Do not get caught up in a hurry closing a sale;
- Get from the seller the act of provenance with the transcript before signing;
- Make mortgage visures, cadastral and urban planning-contruction verification before signing;
- Verify the solvency of the seller (if bankruptcy) before signing;
- Take delivery of the condominium regolation to contact the building manager for any seller’s morass or any prejudicial deliberation;
- Read carefully the form of the realtor before signing;
- Choose a trustworthy notary or with good references;
- Trunscribe also the preliminary contract when the seller is an entrepreneur and when the deposit paid is a high sum;
- Pay the deposit exclusively with non-transferible, erable and barred checks made payable to the seller;
- Inquire about notary’s expence and fiscal aspects and possible benefits.
We see together all phases of the purchase of a house.
The choise of a Real Estate is the first step to be taken, it is a moment to live unhurried and with extrimily attention.
Once that you find the property of your dreams, it is necessary to carry out some verifications:
- Request the property and provenance deed ownership, the act with which the seller has become the owner;
- Check the cadastral situation and the compliance of the property to the urban norms planning-building this then is to acquire a copy of the cadastral documentation about the schematics as well as a copy of the land-use certificates, urban planning, amnesties, grants, licences, habitability of conformity of installations etc;
- Other useful documents are the energy certification and the certification of installation;
- If you purchase a condo is necessary to contact the building manager to verify the regular payment of administrative expenses. Infact, the successor responds jointly and severally with the seller of these expenses of the current year and the previus year. It is also recommended to get the regulations of condominium and if there are any prejudicial resolution by the assembly, like for example extraordinary maintenance or litigation;
Dissolved all reserves about the property , it is time to realize the first phase of the purchase. The first step is to stipulate a proposal purchase, the intent of buy the house, the buyer is committed to respect the terms contained in the document. If the proposal is accepted by the seller, it becomes a ” compromise”.
So, there are some fundamental rules when you turn to a Real Estate Agency:
- Do not be in a hurry to sign;
- Ensure that the person you are dealing with, is a Real Estate Agency regularly enrolled in the role Mediator at the Chamber of Commerce, as the law requires. Further guarantees may also arise from:
- The registration of the Agent to a category association;
- Approval of the form by a Consumer Protection Association;
The practices used by the Real Estate Agency must be filed at the Chamber of Commerce and contains the registration details of the role of Mediator, to indicate the name of the owner and the title deed, the end of conclusion of the deed and they must be countersigned by the Mediator.
All agreements must always be done in written if, for example, the buyer has to apply for a mortgage from the bank, on the proposal of purchase must be indicated that it is subjected to the disbursement of the financing. It must be agreed in writing, the value of the commission and the methods of payment of the sale.
In parallel with the purchase proposal, and in agreement with the owner, the deposit must be paid, as an advence payment to be discounted on the final price of the property, also as a potential penalty on which the owner will want to get it back at the time when the sale should be renounced.
The deposit is an important step and an assessment must be made, safe as possible to complete the purchase.So, to avoid losing the amount. The deposit must be always paid only with non-transferable checks payable to the seller.
Some Real Estate Agencys offer a free insurance policy as a guarantee of the deposit: in case of non conclusion of the contract this policy guarantees to the buyer a full refund of the pre-payment sum.
We then move on to the phase of the” conpromise”, to be drawn up by a notary of trust, who constitutes the final sale deed.
All these elements of the agreement must be defined on the preliminary act which will be then reported on the deed:
- The personal details of the parties and title of the ownership of the seller;
- The precise location of the property and its perimeter and a appurtenances;
- The price and methods of payment;
- Absence or presence of mortgages or constraints;
- Compliance with urban building standards;
- The date by which the deed will be executed;
- The amounts on account “deposit”.
The final act of the Real Estate negotation is charaterized by the drafting of the deed, it be always prepared by a notary, who will verify the completeness of the documentation and corretness of the information contained, and the notary will confer legal validity to the act of sale. It is the only method to protect the owner and the buyer.
At the moment of the deed, the house must be free of mortgages or any prejudicial transcription.
Once the document is ready, the sale of the house ca be considered complete.
Notification of the house's defects
The law requires limitation period of the complain defects of the property bought and a limitation period to propose the action:
- The defects must be reported to the seller within 8 days from discovery and the action has a prescription of 1 year from the delivery of the house. In case if procurement you have 60 days from the discovery to the denounce the defects and discrepancy to the builder-contractor, and 2 years from the delivery to propose the action.
- The builder responsable for significant defects of the Real Estate up to 10 years from the delivery. In that case, the defects must be denunced within 1 year from the discovery and you need to take legat action up to 1 year from the lawsuit.
We suggest you, however, once discovered any defects to report them by registered mail and contact a lawyer.