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Preliminary Contract : This private,
legally secured purchase and sales promise guarantees the property to
the buyer on the one hand, and on the other hand gives the seller the
security that the buyer is committed to buy. The preliminary contract
is, in its contents and formulation, very similar to the subsequent
notarial contract of purchase and, owing to the contractual promise
of both parties; it represents an obligation on both sides. It includes
all terms and conditions, methods of payment, dates for the final contract
and any other details deemed important. We recommend that this is The Caparra Confirmatoria,
which is regulated by § 1385 of the Codice Civile (Italian Civil
Code), is due from the buyer. In order to give our clients the total guarantee of the risk, we offer a primary bank guarantee for the same amount of the Caparra Confirmatoria. In case of impossibility of ending the property, this amount will be paid in full by the bank to the buyer. No payment of any commission is due because the buyer purchases directly from the developer.
The contract of purchase is usually signed once the restoration has been completed and the property is ready for occupation. Beforehand, the public notary investigates whether the legal and historical origins of the property are incontestable, and after the contract has been signed, he orders the transfer of title in the land registry. The final contract will be registered at the property registration office (Ufficio Catastale and the Conservatoria dei Registri Immobiliari) and is recognised as the contract on which the registration tax is calculated. Now, the balance, the notary's fee and the payments for the registration tax are paid. On signing the
final contract the registration tax is to be paid, which the notary
will retain. |