Real Estate and Property Law

a. Purchase/sale of real estate in Italy

Italian real estate law differs fundamentally in many aspects, e.g. from German law as well as from other foreign legal systems. Buying a real estate in Italy is more complicated than in Germany, for example, and involves a large number of formalities. Foreigners wishing to purchase or sell a real estate in Italy should therefore enquire and seek advice from a lawyer who specializes in Italian real estate and property law, who has his/her law firm directly on site in Italy, who has a long-term professional experience and who is fluently multilingual (Italian/English). I safeguard you directly on site in Italy against legal imponderables, pitfalls and trap-doors when buying or selling a real estate and ensure that your legal and economic interests are defended during the entire real estate transaction; because this is, as in Germany and other countries and absolutely contrary to popular belief, neither the task of the real estate agent nor the task of the notary.

Due to my additional qualification as a legal sworn interpreter/translator, I am very familiar with the specific terminology in the legal field, including the Italian and English languages. This additional qualification represents a distinguishing and unique characteristic insofar as it unites in one single person two qualifications that are indispensable and therefore fundamentally necessary for the property acquisition in Italy: The qualification of the specialized real estate and property lawyer and the qualification of the professionally qualified legal sworn translator/interpreter.

Studio Legale Elisabeth Ploenes is able to offer this particular and unique service for the benefit of its clients and it distinguishes itself significantly in this respect.

As an experienced expert in the field of Italian real estate and property law, I provide you with an all-around-support and assistance in the handling of real estate transactions, from the first consultation on basic questions regarding the purchase or sale of a real estate to the conclusion of the notarial purchase contract directly on site in Italy; I offer my services regardless of location throughout whole Italy.

I offer you a comprehensive “all-round legal support package” for the purchase of a property in Italy, supporting and guiding the whole real estate transaction, right from the first consultation regarding fundamental questions when purchasing a property in Italy, through the purchase price negotiation and the procurement of significant documents (Due Digligence), the submission of a purchase offer, all the way to the conclusion of a preliminary contract up to the final notarial purchase contract and to the registration with the utility companies. Of course, I also offer my legal support within the same extensive framework in the event of the sale of a property.

My range of services includes the following activities in detail:

• On-site visits with estate agents, seller, buyer (in case of sale), technician,
• joint inspection of your chosen property with professional translation and legal support already in the run-up-phase of the procedure,
• Legal advice on the purchase and sale of a real estate,
• Legal advice on individual questions arising before or during the process of buying/selling the property,
• Conducting all communications (written, telephone and face-to-face) with estate agents/sellers/buyers (in the case of the sale of a property),
• Requesting the necessary documentation on the object of purchase (Due Diligence),
• Extensive legal examination of the necessary documentation, uncovering of (hidden) problems (Due Diligence) and pointing out possible solutions as well as checking of any existing encumbrances,
• Possible involvement of a technician after obtaining quotations,
• Conducting all communication (written, telephone and personal communication) with the technician,
• Drafting and drawing up contracts in English, Italian or German, whether it is an offer, a preliminary contract or the final purchase contract (deed), as well as the legal examination and modifications of already existing (still not signed) offers/preliminary contracts or purchase contracts in favor of my clients,
• Application for the Italian tax identification number (codice fiscale),
• Preparation and execution of the date for the stipulation of the final deed with the notary on site in Italy, especially:
  — Obtaining various quotations from different notaries and forwarding them to you for the selection of your notary,
  — Conducting all necessary communication (written, telephone and personal communication) with the notary,
  — Submitting the required documents to the notary of your choice,
  — setting the date for the completion of the final notary’s deed for the real estate acquisition after coordination of all parties/persons involved and the notary’s office,
  — detailed legal examination of the draft copy of the notarial purchase contract with the incorporation of modifications in the text of the contract individually related to your case in order to protect your legal and economic interests,
  — personal presence at the stipulation of the final deed in order to be able to intervene on your behalf on the spot in the event of the “last spontaneous changes to the draft contract”, which experience has shown to be common in Italy, in a regulating manner and to protect your legal and economic interests, and to be able to give you always the necessary assistance as your lawyer,

I am also at your disposal after the conclusion of the transaction:

• Assistance and advice, e.g. with setting up your residence, registering/renewing electricity, gas, water, litter and support with opening a bank account.
• On request, it is possible to appoint independent cooperation partners for housekeeping during your absence.

b. Rental/lease law
Legal advice is also given in English for the renting/leasing or buying/leasing of (holiday) properties. The services listed under a) are applicable respectively.

c. Purchase/sale of real estate in Germany
Thanks to my dual admission as a lawyer in both, Italy and Germany, I am also able to provide you with legal assistance regarding the purchase or sale of a property in Germany.
In doing so, the country-specific legal regulations have to be observed and I also offer in this case a comprehensive “all-round legal support package”, taking over for you all communication with all persons, institutions and authorities involved in the purchase or sale of the real estate. I guide you step by step through the entire procedure of buying or selling the property and assist you with all necessary registrations.