2035 Public Deed of Sale made by a Solicitor?

i have read somewhere that it is not true that one must appoint a Notaio (and pay their huge fees, which are set by the government) when buying an ½ûÂþÌìÌà house. Did i completely misunderstood what i was reading?

Apparently you could have the same "deed of sale" drafted by a solicitor (for half the price of a Notaio) and then go to the notaio only to notarise the signatures, which would be much cheaper; has anyone else had experience of that in this forum?

Category
Legal

what a wonderful idea.... sorry cannot help with the answer but will try to find out

[quote=½ûÂþÌìÌÃlover]i have read somewhere that it is not true that one must appoint a Notaio (and pay their huge fees, which are set by the government) when buying an ½ûÂþÌìÌà house. Did i completely misunderstood what i was reading?

Apparently you could have the same "deed of sale" drafted by a solicitor (for half the price of a Notaio) and then go to the notaio only to notarise the signatures, which would be much cheaper; has anyone else had experience of that in this forum?[/quote]

Yes this is correct going by the posts in the forum
[URL="http://www.italymag.co.uk/forums/showthread.php?p=3279#post3279"]www.italymag.co.uk/forums/showthread.php?p=3279#post3279[/URL] but I think you will find that you pay the same amount to the notary because he/she still has to verify the facts. There is another post by Notaio about the fees but got fed up searching for it.

[QUOTE=adriatica]what a wonderful idea.... sorry cannot help with the answer but will try to find out[/QUOTE]

that thread is useful but only in part...what I am referring to is the possibility of having BOTH the Compromesso AND the Deed of Sale drafted by a lawyer, who would normally charge half of what a Notaio charges (because notary's fees are too high due to the lack of competition in Italy: notaries operate in a monopoly as they have no competitors).

I have been told that a good property lawyer would only charge about £1000 for a property purchase of up to €200,000 whereas the notary's fees would be three times higher...but I do not know whether this information is correct.

If the lawyer draft a Deed of Sale, then the parties would only have to pay the notaio for witnessing their signatures and collect the taxes on behalf of the government: it may well be that I am talking non-sense! :D

[QUOTE=½ûÂþÌìÌÃlover]that thread is useful but only in part...what I am referring to is the possibility of having BOTH the Compromesso AND the Deed of Sale drafted by a lawyer, who would normally charge half of what a Notaio charges (because notary's fees are too high due to the lack of competition in Italy: notaries operate in a monopoly as they have no competitors).

I have been told that a good property lawyer would only charge about £1000 for a property purchase of up to €200,000 whereas the notary's fees would be three times higher...but I do not know whether this information is correct.

If the lawyer draft a Deed of Sale, then the parties would only have to pay the notaio for witnessing their signatures and collect the taxes on behalf of the government: it may well be that I am talking non-sense! :D[/QUOTE]

The notary's fee for a purchase with a price of €. 100.00,00 is between €. 1.200/1.500 (about £. 1.000) the main services provided are:
- compromesso drafted
- enquiries on legal ownership of the vendor
- enquiries on mortgages
- checks on building permissions
- checks on cadastrial data
- advices for best contractual and fiscal solution
- final contract drafted (atto publico)
- collecting taxes
- land register and catasto recording
- personal responsability if something goes wrong with these services
Apart from compromesso, all the other activities (and responsability) are made by law (the notary must do them connot avoid).
In Italy there aren't "property lawyers", the experts in real estate purchases are notaries (belive it or not).
Lawyer's fee (according their national "tariffa forense") for drafting a purchase contract of €. 100.000, is in a range of 1,25%-3,75% of the price.
Of course, their sevice do not include the post contractual activities: taxes, recording in the land register and catasto etc.

Oh, one last thing, the notary's fee is based on the "declared price".

italian lawyers in the uk do no charge as % of the value of the contract (i assume that the rfiffa forsense is only valid in italy) but on a hourly basis or, like ours, on a fixed fee basis.