Our firm handles all types of real estate practices, accompanying clients from the beginning of negotiations to the fulfillments following the signing of the deed.

Buying real estate is a moment of great importance in every person's life. Our goal is to make it a peaceful and safe experience.

The Notary is the professional best suited to advise on the purchase of real estate, ensuring security and successful completion of the transaction. His main tasks include:

- Verify that the property actually belongs to the person who claims ownership.

- Make sure that the seller has full disposal of the property and that there are no legal or conventional constraints.

These steps are essential to ensure a secure purchase in every respect. In fact, the notary is personally liable for them.

The initial negotiation can hide critical issues that could jeopardize the successful outcome of the purchase, especially for those without advanced legal skills. For this reason, it is always advisable to avoid assuming obligations without proper checks.

You can contact us at any time: we will assist you from the earliest stages of the negotiation, helping you to prevent unpleasantness. Our firm is available for free advice on the main checks and precautions to be taken.

Purchase of real estate: legal and tax advice

In real estate transactions, the professionals at our notary office identify the most appropriate legal instruments to protect the interests of both parties, with particular attention to tax-related matters.

Buying a home is strongly influenced by the tax system: taxes and benefits can make all the difference.

Here are the basic steps before the deed is signed, for which the intervention of an experienced Notary is essential:

- Verification in Property Records.

- Examination of the urban planning history of the property.

- Checking the floor plan and verifying conformity with the state of affairs.

Only when these aspects are fully in order can the seller and buyer proceed with the transfer of ownership before the Notary.

Notarial activity does not end with the signing of the deed!

Our firm, whose aim is to make the process quick and smooth, offers the following services:

- Register the deed with the Internal Revenue Service as soon as possible, ensuring that indirect taxes are paid by the buyer.

- Telematically transcribe the deed into the Real Estate Registries, ensuring protection of the new owner against third parties.

- Carry out cadastral registration at the appropriate office.

- The copy of the deed, complete with all the necessary documentation, will be delivered to the client quickly, including in digital format.

Our firm handles the complete handling of all donation-related paperwork.

When we speak of a gift, we refer to a true act of liberality, whereby one person transfers an asset or right to another for free, without receiving anything in return. This is a choice with important consequences: for this reason, the law requires the presence of two witnesses during the notarial act.

In practice, gifting is often used to anticipate succession, allowing one to arrange the distribution of one's estate in advance. However, this solution is not always the most advantageous, as it can involve certain risks.

One of the main problems associated with donation concerns its stability over time. In fact, it could be challenged tomorrow by the legitimates-usually the spouse, children, and, in their absence, parents-if they feel that the donation has harmed their reserved share.

For these reasons, an asset received as a donation may be more difficult to resell, although not impossible.

Given the complexity of the subject matter and the many variables involved, it is crucial to carefully consider every aspect before proceeding with a donation.

The role of the notary

The Notary is the key figure in ensuring the validity and security of the transaction. Our team of experts will help you to:

- Analyze the appropriateness of the donation contract according to your situation.

- Evaluate possible alternatives that may better meet your wealth and family needs.

Alternative solutions to donation

Depending on the context, there may be more appropriate tools to ensure proper asset management, including:

- Family covenant: particularly suitable for regulating the generational transfer of a business, but also useful in other cases.

- Destination Shop: an institution that allows an asset to be tied to a specific purpose.

- Trust: applicable in special situations to protect assets and ensure their future use.

Donation and regularization of past situations

Donation can also be a valuable tool to formalize and regularize situations that have already occurred, such as a transfer of money between family members not formalized in a legally valid deed.

Also to be considered is the fact that intra-family donation enjoys preferential tax treatment, an aspect that can make this choice particularly convenient.

Our firm offers specialized assistance in mortgage and loan management, supporting clients at every stage of the process.

When we speak of a mortgage, we are referring to a form of financing, usually granted by a bank, used to purchase property or obtain liquidity.

Mortgage and collateral: the role of the mortgage

In the context of a mortgage, it is also crucial to consider collateral, which serves to protect the lending institution and ensure repayment of the loaned amount according to the agreed amortization schedule.

The most common collateral is a mortgage on real estate, which gives the bank the right of first refusal in the event of default by the borrower.

The notary's intervention

The notary plays an essential role in the regularity of the transaction, dealing with:

- Verify the legitimacy of the mortgage contract and the correct title to the mortgaged property by examining the changes in ownership over the past two decades.

- Proceed with the proper registration of the mortgage in the Real Estate Records.

During these verifications, the notary may find critical issues, such as transfers of property that occurred by gift, which could make the guarantee less solid. In such cases, in fact, the bank may fear possible legal action by the donor's heirs-at-law.

Issues that may arise

The notary also deals with other possible issues related to the mortgage, including:

- Presence of prior mortgages on the property, which could jeopardize the granting of the new mortgage.

- Ongoing foreclosures, which would make it impossible to register a new mortgage security.

- Property owned in the name of minors or individuals at risk of bankruptcy, situations that require additional verification and specific authorizations.

Why rely on our firm?

By relying on our firm, you will have professionals with a proven track record in handling mortgages and loans and dealing with lenders.

Our goal is always to identify the safest and most beneficial solution for all parties involved, ensuring a transparent and effective process even in the most complex situations.

Rent to Buy is a special contractual formula that our firm handles on a daily basis.

This is a purchase preparation program that is already widely used in Anglo-Saxon countries such as the United States, Australia, the United Kingdom, and Canada, and has been steadily gaining ground in Italy for several years.

With this formula, it is possible to gain immediate access to the desired property as a tenant (rent), with the option of acquiring ownership later (buy). The contract stipulates that the final transfer of ownership takes place within a maximum of three years, thus providing greater protection for the buyer. The purchase price is set and locked in from the outset.

It is important to emphasize that Rent to Buy is not simply a rent to buy, but a negotiating mechanism structured specifically to meet the needs of today's real estate market.

When supported by an experienced professional such as the Notary, those who choose this mode of purchase can benefit from several advantages by taking advantage of specific financial levers.

The advantages of Rent to Buy

- Improved creditworthiness
Buyers can build a positive credit history, improving their credit rating in preparation for a future mortgage application. This can translate into more favorable terms, with reduced interest rates and ancillary costs.

- First leverage effect: gradual accumulation of capital
By paying a monthly sum similar to a rent, the buyer gradually sets aside a down payment on the purchase price without placing an excessive burden on the family budget.

- Second leverage effect: postponement of notary and tax costs
Payment of taxes and notary costs is postponed until the final deed is signed, providing an immediate economic benefit.

- Trial period and possibility of assignment
If personal or economic needs change during the course of the contract, it is possible to assign the contract to a third buyer, thus avoiding the costs of a new deed and, in some cases, even gaining a profit.

Rent to Buy and first home relief

An additional advantage of Rent to Buy relates to the tax benefits on the first home. Because ownership of the property is not acquired immediately, the buyer has time to sell any pre-existing home before completing the purchase, thus retaining eligibility for the tax benefits.

Thus, we are talking about a win-win mechanism that can be customized according to the needs of the parties involved.

If you are considering this formula and would like to be followed by a team of experienced professionals, contact us to schedule a meeting. Our firm will carefully analyze your situation and identify the safest and most beneficial solution for you.

The Notary's Role in Rent to Buy

Rent to Buy is a contract that must be backed by adequate collateral, which is why the role of the Notary is crucial.

Our firm provides specialized advice to both private clients and construction companies, following the entire negotiation up to the final stipulation.

A key aspect is the quick and accurate transcription of the contract in the Land Registries, which guarantees the validity of the reservation effects for the entire three-year period.

A properly executed transcript is essential to protect the buyer, for example:

- In the case of bankruptcy of the developer, preventing the property from becoming part of the bankruptcy estate.

- If the seller is a private individual, protecting the property from possible mortgage or foreclosure.

With our experience, we can guarantee comprehensive assistance to protect your interests and accompany you safely through every stage of the contract.