In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
I agree with ram, (to be certain about the genuineness of the compromesso) but for the compromesso it doesn't mean that all four owners have to be in one place at one time - (in fact you could have four individual compromessi agreeing to sell their portions to the same buyer). It can all be done by post or fax without the need for 'power of attorney', only when you get to the act of sale do you need everybody present, alternatively properly drawn up powers of attorney.
In reply to A newbie all over again! by Annec
In the event of only one of the sellers signing the compromesso, that person would be required to forfeit twice the sum put down to secure the property in the event of the sale not being completed. The other 3 would certainly have to sign at the final stage, but possibly they are not legally obliged to sign the preliminary contract.
In reply to A newbie all over again! by Annec
In our case, the proposta was signed 2 weeks ago by both parties. The deadline date was set, at the seller's request, as Friday 14 November. A deposit of 5k is being held by the agent.
Today, the agent rings us to say that the seller is "busy" on that day, and cannot make the journey to sign the compromesso. Now what.......?
In reply to A newbie all over again! by Annec
Welcome to Italy! :yes:
In reply to A newbie all over again! by Annec
[quote=redimp98;102865]In our case, the proposta was signed 2 weeks ago by both parties. The deadline date was set, at the seller's request, as Friday 14 November. A deposit of 5k is being held by the agent.
Today, the agent rings us to say that the seller is "busy" on that day, and cannot make the journey to sign the compromesso. Now what.......?[/quote]
I think what happens now depends on how much you want the property, how much the current owner wants to sell and the terms of the [I]proposta[/I].
If I was in your position, I'd try to be as relaxed as possible, accept that these things happen and get the agent to arrange a new date in the near future for the [I]compromesso[/I] signing. If the vendor agrees a date and then backs out again, then I'd assume the offer to sell was not genuine or that the seller had changed their mind and I'd find a way to walk away from the deal, even if that meant losing a deposit. Buying a property is fraught enough without having to deal with a vendor who is dragging their feet because of some sentimental reason or because, having had an offer to buy, they now wonder if they should have asked for more money.
I'd make it clear to the agent that this was my thinking and also make it clear that I wanted the vendor to understand that I fully intended to walk away if they continued to mess around.
Since it's very common for people to fall in love with houses, it might be difficult for you to do that, but I'd suggest you try. Make it clear to the agent that you're annoyed at not being treated with respect by the vendor and ask about other properties on his books. If the agent believes you really are seriously considering backing out of the purchase, that fact might get through to the vendor and help motivate them.
Al
In reply to A newbie all over again! by Annec
Al has given you very sound advice. Make sure that the agent understands that this is your last offer and that you are prepared to walk away if the vendor continues with his little "games".
In reply to A newbie all over again! by Annec
i sympathise with you!
We have been trying to buy a house which has 4 rooms all 'owned' by a different brother and land owned by a brother and sister!! 2 want to sell but 1 doesn't and one is 'pazzi' and not in contact with his brothers plus hates the English !!!
They are all pensioners and don't use the house or land so you'd think they'd be pleased to find someone prepared to make them a good offer!!Especailly as for specific reasons we are the only people likely to want to buy the property.
We have given up with pushing things;they know where we are if the ever all agree to sell.Mean while thhe house slowly crumles away.....
In reply to A newbie all over again! by Annec
[quote=redimp98;102865]In our case, the proposta was signed 2 weeks ago by both parties. The deadline date was set, at the seller's request, as Friday 14 November. A deposit of 5k is being held by the agent.
Today, the agent rings us to say that the seller is "busy" on that day, and cannot make the journey to sign the compromesso. Now what.......?[/quote]
Agree with the suggestions here, accept that it happens (it does and it's no big deal), set another date but ask for something in writing to confirm that it was the seller's request to postpone the date of signing the preliminary contract, just in case the seller tries to make out you were the defaulting party and uses this to get out of the contract and keep the deposit. You could both simply sign, by fax, an integrazione to the original preliminary postponing its deadline. However if the seller does it again they are the defaulting party, not you, so you should NOT lose your deposit if you then walk away.
Legally not all the owners have to sign the preliminary contract (one can sign it with the clause "per sé o per persona da nominare" (on their own behalf or on behalf of a party to be named at a later date) as long as everyone shows up for the rogito to sign but ram is right in that to cover yourself 100% and avoid potential problems, have it signed by everyone if possible.
In reply to A newbie all over again! by Annec
[quote=myabruzzohome;102918]
We have been trying to buy a house which has 4 rooms all 'owned' by a different brothers and land owned by a brother and sister!! 2 want to sell but 1 doesn't and one is 'pazzi' and not in contact with his brothers plus hates the English!![/quote]
Mad Italians against Englishmen. You've got no chance! :laughs:
In reply to A newbie all over again! by Annec
[quote=myabruzzohome;102918]i sympathise with you!
We have been trying to buy a house which has 4 rooms all 'owned' by a different brother and land owned by a brother and sister!! 2 want to sell but 1 doesn't and one is 'pazzi' and not in contact with his brothers plus hates the English !!!
They are all pensioners and don't use the house or land so you'd think they'd be pleased to find someone prepared to make them a good offer!!Especailly as for specific reasons we are the only people likely to want to buy the property.
We have given up with pushing things;they know where we are if the ever all agree to sell.Mean while thhe house slowly crumles away.....[/quote]
FWIW - [B]Run away now...[/B].
[IMG]http://forums.unfiction.com/forums/images/smiles/flamingbikeranim.gif[/IMG]
[B]FAST![/B]
In reply to A newbie all over again! by Annec
I have to agree with the advice given. Forget about it! Sorry....
In reply to A newbie all over again! by Annec
Told them that we would be away for a while in England. Magically, everyone turned up today and the compromesso was agreed and signed by all.
In reply to A newbie all over again! by Annec
[quote=redimp98;103044]Told them that we would be away for a while in England. Magically, everyone turned up today and the compromesso was agreed and signed by all.[/quote]
Well there you go. All's well that ends well.
Good Luck for the future!
In reply to A newbie all over again! by Annec
Congratulations! I did not think it would ever happen! Best wishes
In reply to A newbie all over again! by Annec
[quote=redimp98;103044]Magically, everyone turned up today and the compromesso was agreed and signed by all.[/quote]
Congratulations on clearing that hurdle. Hope the remainder of the process goes smoothly for you.
Al
yes! Having said that, anyone can sign a compromesso - they are promising to sell a property. I can promise to sell you a property, but if it isnt mine to sell where do we end up? All the owners should sign the compromesso if you want to be covered 100%