1232 buying without an agent

[QUOTE=Carolann]presuming you have found a property what is the next stage if you haven't used an agent.is it at this point that you get a solicitor or am i being realy thick,can any one who has gone through this all ready give me some answers im so glad i found this forum :confused: as i would be so lost. :confused:[/QUOTE]

Of course you don't necessarely need an agent to buy an house.
If you've found what you need, go with the vendor to a notaio and you have already all the money and the vendor is legally ready to sell, ask the notaio to dreft the "atto pubblico".
If you're not ready to buy at the moment, go to a notaio and ask him to draft the "compromesso" and ask him to verify if the vendor can legally sell.
To undestand the difference between atto pubblico and compromesso, see the threads that talk about them (i.e FAQ on real estate purchase part 1 and 2)

We are just about to complete on a house which we have bought without an agent. Although we were aware that we could go through the process ourselves as Notaio has suggested we decided that we would be better to use a solicitor (Italian solicitors but with an office in London). We did, however, sort out our own codice fiscale, opened an Italian bank account and kept in regular contact with the vendors (who happen to be Swiss). Obviously it depends on the value of the property you are buying but the solicitors have cost us about 40% of what we would have had to pay in agents fees.

If we can be of any more assistance in providing more info. feel free to send a private message

Carolann, there is no reason why you can’t handle the matter yourself but I would suggest that you either have someone local (if it is practicable) to act on your behalf, especially if you can’t speak Italian, or appoint a solicitor.

You have to remember that that prices are sometimes overblown because vendors see continued interest from overseas buyers (this is often underestimated and overlooked). These situations can lead to potential traps because you could be in effect weakening your own position and placing greater bargaining power in the hands of the vendor.

We have covered this issue many times on different threads but I would highlight the following points:

In the UK the Common law principle of caveat emptor applies when buying a property. Thee's no reason why it cannot equally apply to Italy. In fact, Common law in England and Wales recognises that vendors only have a limited duty of disclosure so buyers need to be prudent.

The process is, to some extent, fairly similar in Italy, although there are some fundamental areas of divergence between Common Law and Roman law of contract and property, so it would make good sense to get the proper, professional advice right at the start. This should, in my opinion, include any pre-contract enquiries and searches before entering into binding contracts.

My advice to you is to consider the following:

Ask yourself what you really want, what you want to achieve and what you can realistically afford.

Be prepared to spend some time doing your homework. This means selecting the best region for you, taking time to visit your chosen region during different seasons, checking out the local infrastructure and selecting and appointing someone professional to act on your behalf (I am not aware of any notaries who represent and advise clients privately).

The cost of having professional advice versus the investment you are about to make is small by comparison and should be one of your least concerns.

In the end it really comes down to common sense.

;) thanks everybody it is a lot clearer now.