Buying and selling Real Estate
Buying and selling real estate is one of the most common and sensitive transactions in the field of real estate law. Our firm assists clients in all stages of the buying and selling process, from the drafting of the preliminary sales agreement to the signing of the notarial deed, the document that officially sanctions the transfer of ownership of the property.
Our goal is to ensure the legal security of the transaction by verifying the cadastral and urban planning regularity of the property, ascertaining the ownership and checking for the existence of any mortgages or pendency. We also assist the client in handling taxes and fees related to the transaction so that they are correctly calculated and paid.
We can assist you during the following steps:
Mortgages and Financing
Often, the purchase and sale of real estate involves the need to take out a mortgage. Our firm assists both individuals and businesses in handling mortgage paperwork, working closely with major banks and lenders to ensure that all legal formalities are met.
Our job is to verify the correctness of the documents provided, execute the mortgage deed and register the mortgage on the property, if required by the bank. We ensure that the financing process complies with applicable laws and that the rights and obligations of all parties are clearly defined and protected.
Donations
Donation is a legal act that allows one person (donor) to transfer movable or immovable property to another person (donee) free of charge. This type of transaction requires the presence of a notary public, who, in the presence of witnesses, takes care of the drafting of the public deed of gift and ensures that all parties are fully aware of the legal consequences.
Our firm assists both donors and donees in drafting and formalizing the deed of gift. We verify the ownership of the property and take care of the registration of the deed at the land registry and public registries, ensuring maximum transparency and fairness.
Services offered:
Real estate permutations
A real estate exchange is a transaction in which two parties mutually exchange certain assets. It is a transaction that, unlike buying and selling, does not involve a transfer of money, but an exchange of property.
Our firm offers complete assistance in drafting the exchange contract, verifying that both properties are free of mortgages or liens and that the transaction complies with regulations, as well as registering, transcribing and turning over the deed in public records.
Trust
A Trust is a legal instrument that allows a person (called a settlor) to allocate certain assets for the benefit of a person (called a beneficiary) or for a specific purpose to be administered by another person called (Trustee).
The function of the trust is to create on the assets placed in trust a property restriction so as to create an asset segregation between the settlor’s assets and the assets placed in trust, which cannot be attacked by the settlor’s personal creditors.
Various are the reasons for establishing a trust, such as achieving certain purposes, assisting specific individuals or saving tax.
Services offered:
Marriage conventions and property trust
Marriage conventions are those agreements between spouses that allow them to regulate the economic relations and property regime of the family.
Among the most commonly used marriage agreements is the separation of property agreement whereby the spouses stipulate that any purchase made by each of them constitutes the exclusive property of the spouse making the purchase, thus not falling into legal communion.
Also widespread is the constitution of an estate trust, which allows each spouse to allocate certain immovable or movable property registered in public records for the needs of the family by creating an asset segregation bond so that the assets constituted in the trust constitute separate assets that cannot be attacked by the spouses’ personal creditors.
The firm assists its clients in counseling, drafting of the deed and subsequent requirements (transcription and annotation in the margin of the marriage deed).