Some simple but fundamental rules that you absolutely must be aware of if you decide to sell or buy a house in Italy.
If you decide to sell or buy a house in Italy, first of all you must know that the job of the real estate agent is governed by adequate regulations in our civil code and to be a real estate agent it is necessary to hold a qualification of not less than secondary school diploma and having attended a training course with relative passing of qualifying exams.
When you come into contact with a broker who works in the real estate sector, it is essential to ask the person who presents himself as an agent to show us the card which must show the registration number in a special register called REA.
By law, the REAL ESTATE AGENT is obliged to be covered by a professional insurance policy. Another advantage is also that of being able to fiscally deduct a portion of the brokerage invoice for the purchase of the first home, and ultimately since each licensed real estate agent is the guarantor of the regularity of the transacted deal, to the point that in specific cases it is liable in solid to the parties, as for the obligation to register preliminary contracts “.
The answer is no. It is not enough to enter a real estate agency, because unfortunately “for some time – underlines Pioli of the FIAIP – one can find anomalous figures in our cities, perhaps with a VAT number but not authorized to acquire apartments, not authorized to ask for sales mandate, not authorized to show an apartment and conclude a negotiation with a sales proposal. They cannot, in fact, go to the notary during the deed and register the invoice in the deed as required by the Bersani Law. All this because they are not licensed real estate agents. ” In this case we are faced with an ABUSIVE.
It can therefore happen in Italy that you are looking for a house and on the internet you will find an ad concerning a property that interests you. Call the reference agency and make an appointment. Maybe this agency is part of a Franchising, or it is independent, but equipped with a shop window, a sign and a regular registration with the chamber of commerce. So for you it is assumed that the person who proposes to follow you in this operation is a real estate agent qualified to carry out the profession. Well, in Italy this is not at all obvious!
In fact, in our country, some real estate agencies are opened regularly and the legal representative of the company, as required by law, is authorized to carry out the profession of real estate agent. He signs all the forms for sales assignments and purchase proposals.
Instead, many sales assignments and purchase proposals are signed in the presence of unauthorized personnel (especially business brokers, but also by surveyors, architects, etc.) using forms already signed or that will be signed later by the legal real estate agent representing the agency, which however is often not present at the appointment.
The risks involved are very high.
The biggest risk that you run to be followed by a NON real estate agent is that of not being protected in the event that situations arise that due to negligence or professional errors of the pseudo-agent lead you to lose money without being guaranteed in the sale. from the policy to cover for potential damages that every regular real estate agent has!
In the event that the fake agent also carries out another job (for example, surveyor or architect), what is primarily the most important characteristic that a Real Estate Agent must have is missing, that is, impartiality in the negotiation. In fact, many agencies here in Italy also have Surveyors or Architects disguised as Real Estate Agents who, in addition to the house, will also try to sell you a renovation or any technical building practice. And this is a very serious thing, absolutely not to be underestimated, because almost certainly all this mixture of interests in the end will have a heavy impact on the final account of the customer who will think he will have a good and kind agent in front of him who assists him in everything and for everything but the reality is unfortunately another.
Finally, it is necessary to know that an abusive real estate agent is punishable by law as enshrined in art. 348 of the penal code and has no right to any commission. Fines of up to 50,000 euros, imprisonment of up to three years and also the seizure of the premises in which the abusive activity takes place are foreseen
It is very easy: do not let anyone into your home, and above all do not sign contracts to anyone, without first having asked to show you the REAL ESTATE AGENT card.