155 Compromesso by post

I would be interested in thoughts on this as we have been told by our agent that we will be able to sign the compromesso by post.

Our agent is due to e-mail our compromesso to us next Tuesday and we will post it back on Wednesday..............no problem, they claim to have done this a number of times. I have spoken to past English clients of our agent and all give glowing reports of him and his work............I'll report back to the forum after next Wednesday.

I did mine by fax - but then again, I did not use a solicitor (and had a very quick and easy house purchase because [or in spite] of it).

I wouldn't want you to think that my decision not to use a solicitor was because I feel they are parasites profiting from the pain of others [I'm sure they are not] - rather it was because my Italian friend advised me that they didn't use them and I was investing money that I was prepared to take a 'gamble' on.

Alan, I am interested in your response. I have posted another message on the 'Legal' board regarding solicitors fees. They do seem rather high and I am getting conflicting views on how necessary they are. Any thoughts?

Brendan,

All the advice I received from various Italian friends and aquaintancies was to avoid solicitors like the plague [no change from over here then!]. My Estate agent sent me the compromesso [plus a bad translation - that I checked with an italian friend] and I emailed it back.

I had no difficulties with the purchase - the only thing that I needed was a someone to translate [only GCSE Italian myself] at the Notary's. My Estate Agent did that too. It was a relatively painless process [apart from the multitude of bankers drafts, of various types, that were used to pay the purchase price.

I think the important thing when buying is the preparation before you look at houses, and I also think people are mad who just pop over and buy a place almost on a whim. I blame those TV programmes
And yes - I do think legal fees are too high - have you ever seen a poor solicitor? [rarer than rocking horse sh*t]

I'm not aware of any problems concerning sending the preliminary contract by post or via fax...but it is worth having proof of posting (recorded delivery or resgitered post) or fax transmission.

The process is relatively similar to the UK in that acceptance of an offer or a contract by post has no effect unti it is received, not when it is posted.

Regarding solicitors...don't forget that the preliminary contract (or even an irrevocable offer to buy) is legally binding and so it is worth having it checked by an independent solicitor if you are not too sure about what you are signing.

Many people seem to get by, as Alan did, but you do need to be careful since the wrong wording or an incorrect translation can mislead or even limit the buyer. Problems can and do occur and once you have signed on the dotted line...there is no legal recourse if things go wrong. I am aware of a few cases where the buyer is now in trouble because they went in without checking anything. If only!!!

For example, If you are buying a house and are dependent on securing a mortgage...boy are you in trouble if you signed the contract and then discover that your application has been rejected. What do you do if you buy a house from a company and creditors come knocking on your door if that company goes bust? A search would determine whether there was a legal charge on the property. Moreover a competent solicitor will ensure that your position is protected.

Another case in point would be the use of the Caparra Confermatoria or Caparra Penitenziale. Each have far reaching legal consequences and should be fully understood by the buyer before committing.

The debate concerning the pros and cons of using a solicitor is an interesting one. As for the cost...well that very much depends.

My suggestion would be to manage the risks diligently without overdoing it, seek independent advice if you are not sure about the contract and carry out some searches early on in the process.

Don't throw caution out of the window just because the Italians do!

[QUOTE=Charles Joseph]
For example, If you are buying a house and are dependent on securing a mortgage...boy are you in trouble if you signed the contract and then discover that your application has been rejected.[/QUOTE]

Charles just picking up the point regarding a mortgage - if the compromesso contains a clause stating subject to obtaining a mortgage offer then I would think you would be entitled to request your deposit back if you could not get a mortgage or have I got this wrong?

Sandra…

Your conditional clause will need to make it clear that if you have applied for a mortgage the purchase of the property is conditional upon that mortgage being offered by the lender.

With regards to the deposit…you could insert a clause clearly stipulating that your deposit (I would leave the cheque with your solicitor) is to be refunded in total in the event that you are not offered the mortgage because this would render the contract non-effective.

Solicitors are certainly expense in Italy, however hiring one may avoid enormous expense and risks on more complex deals. When things go wrong with the preliminary contract of sale (compromesso) they generally get called in and the wording really better have been well formulated and watertight. Unfortunately, there are too many estate agents out there that compile a simple "fill-in-the-blanks" compromesso not really realising what the legal consequences are. My attitude is to try and have a common sense approach to the whole matter.
As for signing compromesso's by fax, my solicitor has pointed out that such means is legally binding referring to past court cases.

David
[url]www.ourtoscana.com[/url]

David...

I concur with your views. Last year...Il Sole 24 Ore reported that there is too much of the DIY when wording and shaping important contractual documents.

I would add the the solicitor needs to be independent and not someone who represents or is connected with the estate agency.