Our team is made up of professionals with complementary backgrounds and experience, covering a wide range of areas of law, in particular non contentious company commercial and property law, with a particular specialisation in transactions with a cross border element. The firms lawyers include Italian qualified lawyers, with fluent English, and an English qualified lawyer (and avvocato stabilito in Florence) with fluent Italian. As such, the firm is well placed to deal with transactions where an understanding of both legal jurisdictions and both cultures is necessary, and has accrued substantial experience in assisting Italians investing outside Italy (where the English language and experience of operating in the Anglo Saxon legal system is essential) and English speaking clients investing in Italy (where the knowledge of both legal systems and languages is essential).
Advising both Italian and foreign clients in relation to all aspects of real estate transactions, in relation to both residential and commercial property, including tax structuring (purchase of real estate via an Italian company or through a company set up in a different legal jurisdiction); advising on all aspects of the acquisition process under Italian law including (where required) negotiation of agents fees and negotiation of the purchase price andformulation of the written offer to purchase (binding under Italian law); advising in relation to pre-emption rights issues, drafting and negotiation of preliminary contracts and completion before a notary and advising on all aspects of mortgage finance in relation to real estate acquisition transactions.
BUYING & SELLING PROPERTIES IN ITALY
This memorandum is intended to provide information regarding the acquisition of real property in Italy, with a specific focus on business property. It is important to note that the Italian legal system, in consideration of its particular historical background, attributes to a notary (Notaio) a predominant role in drafting the purchase agreement of land or buildings. Contrarily to what generally happens in common law countries, where the role played by the lawyer in real estate transactions is exhaustive, Italian lawyers are involved in such commercial transactions mainly in the preparatory phase which consists in the conducting of due diligence and negotiations between the parties. In any event the following information will be applicable in both legal systems.