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GStanisci

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  1. The Work Supervisor(direttore dei lavori) must act as guarantor and is always responsible in case of building abuse together with the owners. With the sentence 33387/2018 the Court of Cassation states that the construction manager is always responsible for the building abuses committed in the construction site, that is to say for having carried out building works not compliant to the building permit. He is also responsible, for the Italian civil law system, together with the builder in case of flaws and defects on the building. For more info or legal advice see www.studiolegalestanisci.eu
  2. Holographic will means that it is made by ourselves. The italian civil code talks about it in article 602: our last wishes and wills written by hand on a paper, dated and signed by the testator. The holographic will must be written by our own hand. Usually we indicate the place and date of drafting and declare ourselves to be of sound mind and to want to dispose after our death in the following way: we can give all our assets to one person or divide them between the ones we choose. The holographic will can be handed over to a person we trust. It can be a notary, a lawyer, a family member, or even no-one. However, if we want our will to be easily traceable we must put and keep it in a safe place, but also easily accessible. For example, in the desk drawer, in the bedside table, in the safe and so on. If you require further information, assistance and advice about the italian holographic will please click here: www.studiolegalestanisci.eu or send an email to: avv.stanisci@hotmail.it .
  3. The clause set in the preliminary contract of sale that subordinates the effects of the sale to the granting of the mortgage in favour of the purchaser is legally effective, since it is not merely a purely probable condition. That is clarified by the Court of Cassation, Second Civil Section, in the sentence nr. 22046, filed on 11 September 2018. So, you can use the mortgage granting condition, if needed, in your preliminary contract of sale. www.studiolegalestanisci.eu Inviato da iPhone
  4. The notary is entitled to guarantee that the property is legal, but he bases his work on the papers. For example, if the vendor declares that no other works have been done on the property, the notary doesn't check if in reality it is so. He relies on the vendor statements. Or, if there is a building permit, the notary cannot know if there are already existing works or works completion. That's why it is always suggested legal advice / assistance.
  5. SALE OF AN ILLEGAL PROPERTY: CONSEQUENCES If you buy an illegal property and you haven’t been made aware of by the seller, it is undoubted that you have the opportunity to ask the termination of the contract – including the right to return the money paid - or a reduction of the price paid, equal to the economic expenses necessary to obtain the building amnesty. But pay attention to the statute of limitations: you have the right to ask for compensation against those who have sold you the property within 10 years, which start, however, not from the signing of the deed of sale, but since you were able to discover the infringement of local building regulations. In case of sale of an illegal property, the seller is liable for the non-compliance resulting from aliud pro alio and for damages resulting from the loss of value of the property. This is established by the Court of Rome, Sec. XIII °, in the judgment of 28.09.2017. The statements pursuant to art. 40, Law no. 47 / 1985 made by the seller, about the urban regularity of the property, are established to protect the buyer, so that he is put in a position to make decisions consciously, avoiding to conclude the purchase or proceed to other conditions. www.studiolegalestanisci.eu – Fb page: Stanisci Law Firm & Business
  6. Hi, you can pay your deposit even with cheques. Maybe the vendor has no bank account.
  7. Why it is important to enter into a contract with the construction company When you purchase a new building or if you need to renovate it, it is often necessary to stipulate a contract with a specific construction company that will take care of the recovery works. In these cases it is good to know how to move, in order to stipulate a contract with the construction company defining well the costs and the type of work that will be set up, in order to avoid unpleasant surprises and possible inconveniences. That’s why it is therefore important to ask for the help of an expert and to stipulate a contract with the construction company. The contract with the construction company can be done verbally, but the written form is always the most advisable to avoid numerous possible legal problems. The estimate too contractually binds the construction company, which will not be able in the future to refuse to perform the requested works. Duties and obligations of the construction company The contract provides for obligations that the contractor must respect; he cannot suspend and stop the works if there are no valid and serious reasons. he also must respect the deadline date for the works completion as agreed by the parties. The contractor must also be liable for any damage caused to third parties during the execution of the renovation works and is also responsible for failure to comply with the accident regulations within the construction site. The price of the works in the building contract can be fixed: "a corpo”, taking into account the total price of the works; "in economia", evaluating only the number of hours estimated for the works; "a misura", following unit prices for a specific type of work to be carried out. If you require further informations, assistance and advice feel free to write to avv.stanisci@hotmail.it or click here: www.studiolegalestanisci.eu
  8. Public Funds “Regione Puglia – Titolo II Turismo” Our Law Firm is happy to inform you about a very interesting business opportunity - provided by the Eu through the Region of PUGLIA - you can take advantage of this when buying or renovating real estate. More specifically, according to the recent public Invitation “Regione Puglia-Titolo II-Turismo", the buyer/owner who is about to buy or renovate a property, can take advantage of the 20% project funding that is available from the EU + 20% interest allowance with a low interest rate returned on the loan, under conditions of incorporating a new-co (Company or Sole trader ) and running a start - up business in the field of Tourism (i.e. B&B, holiday home, etc.). The reason for opening a company and taking advantage of the 40% of the planned investment is because the offer is only available to new companies/sole traders offering tourism services. The application process involves the following steps: - Open company (or Sole trade with Vat number) - Form project for property purchase/construction/renovation upgrades - Present project to an Italian (local) bank - Receive the approval of the bank for taking out a mortgage - Lodge the Business Plan with the relevant office (Regione Puglia) - Receive the approval from Regione Puglia - Receive up to 40% grant from the bank which will obtain the EU funding and interest rebates on your behalf Although the process involves professional fees (lawyer, tax accountant, surveyor) we highly recommend this route as the funding outweighs the additional costs of company formation , business plan project, etc and in the end you have a proper registered business in Italy to run your rentals from, avoiding any hidden dangers that could arise from the complicated Italian fiscal network. The tricky phase is with reference to the Bank, as you need to show your financial standing and demonstrate your capability to pay back the mortgage as a NO Italian resident (if you are italian resident qualifying for the loan would be easier). In connection with this issue (NO italian resident) we would highly recommend providing equity funds (a range of 40/50%). If required, we will be happy to take your specific needs into consideration , providing a more comprehensive and taylor-made response together with a quotation of costs and fees involved in the whole process.
  9. The new regulation is for the safety of the buyer and to prevent frauds. In case something happens about the Notary's dedicated bank account there will be an insurance or a bank guarantee.
  10. Real estate purchases: The money for the sale of the house must be transferred and remain in the notary's bank account until the actual transfer of ownership. After signing the preliminary contract and paying deposit, it is time to go to the notary for the deed and payment of the remaining price to the seller. But have you thought about what could happen if, once the cheques have been handed over or the bank transfer has been made to the construction company, the notary public notices that a mortgage has been registered on the house or a seizure has been initiated? It may be difficult to recover the price and you would be forced to start a court case. With the risk that, in the meantime, the company will cease and you will remain without anything in your hands. In order to avoid these problems, the Competition Act (Law Decree no. 124/2017, art. 1, co. 63 et seq.) has drawn up regulations to protect the buyer. In particular, it is envisaged that the money goes to the notary public until the definitive transfer of ownership. In this way, if something goes wrong, you can recover the amount paid at any time since it is kept in the professional's “dedicated” bank account until the transfer of ownership is done smoothly and regularly. According to the first opinions, moreover, the seller will not be able to include in the preliminary contract a clause requiring the payment of the remaining price into his current bank account. It would appear that this provision preserves the so-called “public protection order”, aiming to protect the weaker contracting party (the buyer). www.studiolegalestanisci.eu
  11. RENT-TO-BUY: A new way to buy properties in Italy Rent-to-buy contract is a new type of contract where a lease agreement and a preliminary contract of a property merge. It means that the landlord immediately hands over the property to the tenant-future buyer, who pays the rent; after a certain period of time the tenant may decide whether to buy the property, deducting from the sale price part of the rent instalments paid. Law provides that the tenant has the right to buy the property, but it is not an obligation. Obviously the parties may agree that the tenant is obliged to buy, but then the contract drawn up will be different from the rent-to-buy type. The term by which the tenant may decide to buy the property is determined by the parties, within ten years. The main advantage for the landlord is the possibility to find a higher number of potential buyers. On the other side, the risk is that the tenant may decide not to buy the property. In this case, however, the landlord may retain all or part of what has been paid (and will be a sum bigger than a normal rent). The law provides for the registration of the rent-to-buy contract in the real estate registers, which will allow the tenant to buy property free from mortgages, foreclosures or other detrimental that could come to light after the rent-to-buy contract registration. The registration has a maximum duration of ten years. This protection also persists if the seller would go bankrupt. Rent-to-buy contract can be applied to any kind of property: apartments, garages, cellars, shops, offices, warehouses and shops. Even plots of land. It may be also applied to a building under construction. This form of buying a home has been legally approved by the Italian government in 2014. Proving to be a great solution for foreigners who want a home but who cant obtain a mortgage because of red-tape. In order to assess the tax advantages (or disadvantages), it is necessary to evaluate the specific tax position of the seller by doing an economic and tax analysis of the single case. This is why the customer needs from the very beginning the assistance of a professional. Clearly, this seems like an ideal solution for anyone interested in buying a home to then turn into a bed and breakfast or keep as a second home with much less legal hassles than they would normally face. If you require further information, assistance and advice about rent-to-buy contract please click here: www.studiolegalestanisci.eu "
  12. What is the difference between ACCONTO (down payment) and CAPARRA (deposit) in the italian Legal system? Sometimes, in everyday language, people refer indifferently to down payment and deposit. But they are two distinct legal instruments. The down payment (Acconto) is nothing but the advance payment of part of the price for a specific purchase, giving a small guarantee to the seller about the actual purchaser's willingness to conclude the contract. This guarantee, however, exhausts its effects here. If the contract should not be concluded, the down payment will not get any compensation relevance and the parties will not be economically bound against each other. The down payment will then be returned, and the other party may claim damages suffered as a result of breach. The deposit (Caparra), like the down payment, is an advance payment on the due price. But the deposit is placed to secure both the interests of the seller and the buyer. The italian legal system, in fact, provides that in case of breach by the buyer the seller is entitled to keep the deposit as compensation for the damage suffered. On the contrary, in case of default by the seller, the buyer can legally claim back double the amount of the deposit. In conclusion, the substantial difference between down payment and deposit is that, while the former has no relevance for damages when the contract is not concluded, the second binds and guarantees the parties with regards to the contract events. It should be specified that, if there is no express agreement, the amount paid by a party to the other one as an advance payment is considered a down payment (ACCONTO). It can be considered as a deposit (CAPARRA) only the payment expressly identified as such.
  13. His e-mail address is the following: dott.gianluigisorressa@gmail.com
  14. I recommend Banco di Napoli in Ostuni. There works a nice and smiling guy Ferdinando who speaks english and is very amicable.
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