9166 Unbelievable!

I am just getting myself out of a difficult situation and wondered if anyone had a similar experience or could offer advice. Eight years ago I bought my house (as two apartments) with a contract stipulating that the house was free of any impediments. - eight years on I go to sell part of the ground floor only to discover that there is a Condono on the house in the name of the previous owner. To be precise the Condono payable to the state has been paid but the Bucalossi (part payable to the Comune ) has not and with interest has more than doubled. In order to sell I have had to pay the Comune the money even though it was against the previous owner and nothing to do with me. Now I have to take Legal action against the previous owner. I employed an Italian lawyer based in England to check everything before I signed the Compromesso but he obviously didn't do his job properly. I am told that the Notary is under no Legal obligation to check the voracity of statements made before him (so why do we pay them squillions?) and that the Comune was under no obligation to tell me about the debt and have no powers to procede against the previous owner, so I end up copping the lot.

sorry this is so long winded but does ayone have any helpful info?
Jan:Dancing_furious:

Category
Legal

Submitted by Anonymous (not verified) on Fri, 03/28/2008 - 02:36

[quote=Casajulian;86246]...........the Notary is under no Legal obligation to check the voracity of statements made before him.....[/quote]
Is this really so? I'm amazed!

I guess it might explain one or two things though..........

Submitted by Anonymous (not verified) on Fri, 03/28/2008 - 04:07

As you said, unbeleivable!!!! I always thought that the Notary had the duty to check on all those details. Also, your solicitor should have done it. I am so sorry to hear that you have to go through this ordeal.

Submitted by Anonymous (not verified) on Fri, 03/28/2008 - 05:01

Who was your geometra, I think he has some responsability regarding this.
This is one of the many problems with Italy nobody is responsable EVER

Submitted by Anonymous (not verified) on Fri, 03/28/2008 - 05:16

the notary is basically untouchable ...even if you had a case... however the contract with you and the UK lawyers that specialise in this sort of thing is a different matter and you might well be able to be able to get back something through them and hopefully without going to court but through their professional association...

also if you dealt through an estate agent...registered that is... there is a liability on their part to check the property thoroughly... if you can establish they did not inform you of this they then have the chance to go after the former owner who signed the papers with them ...in which obviously his / her statements were untrue...IE they have to sign a declaration saying that the house is free of debts...

my first thought though would be to attempt the UK part... maybe not so costly

i would also say that if the notary is worth anything at all he/she should be able to give you some free advice on how best to go about this... in the Italian approach

however its all very complicated and difficult and at the end most probabley you will just feel like giving up...

Submitted by Anonymous (not verified) on Fri, 03/28/2008 - 05:55

Hi Jan
That really sucks.........good luck

Submitted by Anonymous (not verified) on Sun, 03/30/2008 - 01:09

Hi Jan,

that really is terrible. You pay these people your hard earned cash, they make a dog's dinner of it and then they all shirk responsibility. Unbelievable.

I wish you the best of luck with whichever route you take and please keep us posted as to how you get on.

Submitted by Anonymous (not verified) on Sun, 03/30/2008 - 05:54

Welcome to Italy!!!

I would advise you not to start any legal procedings in Italy unless it is a really vast sum that you`ve got to pay out. The legal system is very slow and very costly, however simple and straightforward your case seems to be - you`ll still be at it in 5 years time. I`d have a go at your UK lawyers though.

Hazel