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FASI PRINCIPALI DI UN ACQUISTO IMMOBILIARE (COMPRAVENDITA')

1) Proposta d’Acquisto

Il primo passo da fare dopo aver trovato la casa ideale per arrivare all’atto finale è quello di formulare una proposta d’acquisto in forma scritta indirizzata al venditore versando un piccolo acconto, di solito tramite assegno intestato al proprietario o bonifico bancario.

L’agente immobiliare compilerà il modulo in vostra presenza, inserendo tutte le condizioni relative alla compravendita.

Se il venditore accetterà le vostre condizioni (accettazione scritta) le parti saranno vincolate a portare a termine la compravendita come è stato stabilito nella proposta e il venditore incasserà il vostro assegno che diventerà caparra confirmatoria.

In caso di mancata accettazione il venditore, tramite l’agente immobiliare, vi restituirà la somma versata. Da quel momento siete liberi di rinunciare all’affare oppure potete riformulare una nuova proposta con la stessa procedura della precedente.

2) Compromesso

Il compromesso (detto anche contratto preliminare di compravendita) è un atto con il quale le parti promettono di concludere un futuro contratto (rogito notarile) nel quale vengono riportate ed ampliate tutte le condizioni stabilite nella proposta d’acquisto.

Nel compromesso devono essere indicate in modo chiaro, le generalità delle parti, le caratteristiche e i dati catastali dell’immobile, il costo e le modalità di pagamento, la data di stipula del rogito con relativa consegna dell’immobile.

Inoltre deve essere indicato che la casa sarà venduta senza gravami, vincoli o ipoteche e completamente regolare sotto il profilo urbanistico.

3) Rogito Notarile

Il rogito notarile è l’atto conclusivo della compravendita e viene stipulato davanti ad un notaio e alle parti interessate (venditore ed acquirente).

Il notaio effettua preliminarmente tutte le verifiche relative all’immobile oggetto di compravendita (visure catastali, visure ipotecarie, ecc.), redige l’atto che viene firmato in sua presenza e poi effettua la registrazione versando le imposte relative, la trascrizione in conservatoria, e la voltura catastale.

Spesso con l’atto di compravendita viene firmato anche l’atto di mutuo e successivamente a questa operazione il notaio provvederà all’iscrizione ipotecaria a favore della banca erogante.

Al momento del rogito avviene il pagamento del prezzo dell’immobile, dei relativi costi notarili e delle tasse.

COSTI NOTARILI

Quando si acquista una casa bisogna tenere presente i costi notarili occorrenti. Nel caso si richiede un mutuo occorre stipulare due atti.

Gli onorari per i due atti (atto di compravendita e atto di mutuo) e le tasse dovute allo Stato ( registro – iva e imposte fisse) variano a seconda del tipo di atto, dell’eventuale importo dell’ipoteca della banca. Quindi è sempre consigliabile richiedere un preventivo dettagliato dei vari costi.

TASSE

Qui di seguito riportiamo una tabella delle tasse da pagare sull’acquisto di una casa:

  Imposta  Prima Casa  Altri Acquisti
 
Acquisto
da privato
 
Registro  2% del valore catastale 9% del valore catastale
Ipotecaria €50  €50
Catastale  €50 €50
 
Acquisto
da impresa 
IVA 4% del prezzo della casa 10% del prezzo della casa
Registro €200 €200  
Ipotecaria €200   €200  
Catastale  €200  €200 

N.B.
Riguardo, le cessioni di immobili ad uso abitativo tra privati, la legge precisa che sul rogito deve essere riportato l'effettivo corrispettivo pattuito. Merita ricordare, al riguardo, che la finanziaria 2006 ha introdotto per questo tipo di cessioni la possibilita' dell'acquirente di chiedere al notaio che la base imponibile ai fini dell'applicazione delle imposte (registro, ipotecaria e catastale) sia costituita dal valore catastale dell'immobile, indipendentemente dal corrispettivo indicato nell'atto, ovvero indipendentemente dal prezzo dichiarato dalle parti.

Per le cessioni soggette ad Iva (ovvero dove una delle parti e' un impresa o una societa'), le novita' sono altre. Le imposte, come avveniva precedentemente, continuano ad essere calcolate sul valore di cessione (il prezzo pattuito) che deve corrispondere -come minimo- a quello cosiddetto "normale", ovvero di mercato.

I requisiti necessari per usufruire delle agevolazioni prima casa sono i seguenti:

L’abitazione deve essere non di lusso.

L’immobile deve essere ubicato nel comune di residenza dell’acquirente o nel comune in cui l’acquirente stabilirà la propria residenza entro 18 mesi dall’acquisto.

L’acquirente non deve essere titolare, neppure per quote o in comunione legale, su tutto il territorio nazionale, di diritti di proprietà, uso usufrutto abitazione o nuda proprietà, su altra abitazione, acquistata, anche dal coniuge, usufruendo delle agevolazioni per l’acquisto della prima casa.

NOTE:

Caparra confirmatoria

Solitamente, al momento della proposta per l’acquisto di un immobile , si versa come anticipo una somma di denaro a titolo di caparra. Tale somma viene persa se l’acquirente si ritira dall’affare. Se è il venditore ( chi ha incassato i soldi) a ritirarsi dall’impegno, dovrà ridare all’acquirente la somma ricevuta oltre ad una penale pari a quanto incassato: in pratica, restituirà il doppio di quello ricevuto.

Certificazioni

Ricordiamo anche che il Dl 112/08 ha abrogato anche l'obbligo di allegare al rogito la certificazione degli impianti (elettrico, riscaldamento, caldaia, etc.), della quale comunque il proprietario deve dotarsi al momento della loro installazione o revisione. Anche qui e' determinante una corretta redazione del rogito, perche' la responsabilita' grava sul venditore.

Il 1/7/2009 e' entrato in vigore l'obbligo di redigere e di allegare al rogito notarile l'attestato di certificazione energetica (ACE) per le unita' immobiliari, anche sotto i 1000 mq.
Si tratta di un documento che "fotografa" il consumo energetico dell'unita' immobiliare, riportando dati sugli usi di energia inerenti il riscaldamento, la produzione di acqua calda, la climatizzazione estiva e l'utilizzo di fonti rinnovabili, con una stima delle emissioni di gas ad effetto serra determinate da tali usi. Viene rilasciato da tecnici abilitati iscritti agli Albi professionali.

Notaio

Il notaio (o nella dizione medioevale, tuttora talvolta usata, notaro) è un libero professionista e contemporaneamente un pubblico ufficiale, figura speciale prevista dall'ordinamento per favorire la registrazione capillare degli atti (in genere di diritto privato) stipulati fra i cittadini, a complemento e strumento, ed in delega generale, della funzione di registro provveduta dallo stato.

Il notaio è una figura prevista nell'ordinamento dei paesi a diritto latino, ma che non esiste o non ha corrispettivo nei paesi in cui vige il diritto anglosassone (common law).

Nel diritto italiano, secondo quanto recita l'art. 1 della legge 16 febbraio 1913, n. 89 (cosiddetta "legge notarile"), I notari sono ufficiali pubblici istituiti per ricevere gli atti tra vivi e di ultima volontà, attribuire loro pubblica fede, conservarne il deposito, rilasciarne le copie, i certificati e gli estratti.

Il notaio, per legge, non può fare l’interesse di una delle parti contraenti a danno di altre; perciò non può, ad esempio, tacere l’esistenza di una ipoteca o di un privilegio sul bene che si compra. Tale dovere di imparzialità esiste anche quando il notaio è scelto da una delle parti (tale scelta spetta, di regola, alla parte acquirente).

Il notaio garantisce la validità e l’efficacia dell’atto: non può garantire la convenienza economica dell’affare. Con l’ausilio del notaio possono essere stabilite più appropriate garanzie a tutela degli interessi dei clienti.

Proposta d’acquisto

E' l'atto emesso dai potenziali acquirenti di un'immobile (su modulo proposto dall'agenzia,), contenente precise promesse fatte al venditore sia riguardo alle condizioni di acquisto che al prezzo. I dati che devono necessariamente essere presenti sull'atto sono, oltre a quelli identificativi del venditore, del compratore e dell'immobile (indirizzo e descrizione della casa), il prezzo, le modalita' e i termini di pagamento, la data e il luogo dell'atto successivo (compromesso o rogito), la scadenza entro la quale il venditore deve dare accettazione e le eventuali penali previste in caso di inadempienza.

We used Abbruzzo Reality for the sale of our house. Their service was very good and they were able to find a good number of people to look at the house. Once a buyer was found, all of the necessary documentation, notary appointments, handover of utilities were taken care of. I wouldn't  hesitate in recommending this company’s services.

After living 8 years in Abruzzo, Italy, we felt it was time for another change in our lives and we put our house on the market. Within a year we sold it through Tracey and her colleague Vincenzo. We are very pleased with the way the sales process has gone. Tracey and Vincenzo offered help and gave advise wherever needed.
Currently, we have to make the latest changes by name at a view Italian utility companies and we are pleased to have the help of Tracey for realizing that. So we are very satisfied with the work of Tracey and Vincenzo. Thank you both!

In 2010 we (man, wife, 2 children and 2 dogs) had a very serious idea to move to Italy, permanently. With the promised work possibilities in mind we started our search for a nice place in the region ‘Abruzzo'. Due to all kinds of changes, we had to change plans from time to time. Changes in terms of budget, type of house, area within Abruzzo and last but not least we had to leave the idea to move permanently. At the end of 2016, we bought our second home near Castilenti, Abruzzo. A very nice situated house, exactly what we wanted regarding the moment in life.

Along the way, from 2010 until now, Tracey / Abruzzo Reality helped us with so much patience and empathy. We regularly visited Abruzzo and went to places and houses which on paper would fit our needs. Within a few minutes on site, Tracey could see and ‘feel’ if it would be a fit or not, and if not, we moved further in a very relaxed but professional way. A no-fit happened a lot and never was problem. Next time better, she kept on searching and helped us with tips and advice in between.

The ease of talking in English to a real estate broker who is multi lingual and is perfectly capable of translating it back and forward without lost of words or context is a very big plus. The network of Tracey is wide and diverse, good and reliable geometras, notarys and builders are part of her network and were very helpful for us, as new Italian home owners to quickly make the region ‘our own’.

We recommend Abruzzo Reality / Tracey highly when you want to find your home and way in, and around, Abruzzo.

We were already looking a while for a suitable house for us in Abruzzo. Abruzzo Reality helped us very well on the search for this suitable house. We visited several houses. but when we saw our house, we knew immediately knew that this was the one. The house offers plenty of oportunities. Tracey helped us perfectly through the buying process.
A few months later we were the proud new owners! Tracey has also helped us with the paperwork concerning the purchase. Nothing was too much and we also found it important that the documents were translated in English. For a foreigner it’s not so easy , especially because ‘notary language’ is not the most understandable one.
Besides her professionalism, Tracey gave us a trust worthy feeling. She and Vincenzo are a good, reliable team. They made it a lot easier for us with their professional way of working and their knowledge.
Meanwhile, we are several months away and we are enjoying our life in Abruzzo. A splendid region that has so much to offer! Thanks!

When my wife and I decided to purchase a property in Italy we began our research of the regions of Italy and quickly came to the conclusion that Abruzzo was the region we would like to reside in. Now it was time to search properties. A quick Google search of real estate companies pointed us to Abruzzo Reality. Having found a few properties we were interested in I submitted my inquiry and received a prompt reply from Tracey. Thus began a wonderful, professional relationship that led us to a successful purchase of our house in just a few short months. The team of Tracey and Vincenzo, along with the assistance of Manolo (the jack-of-all-trades handyman) has made this a very painless journey to home ownership in another country. Tracey coordinated our process from beginning to end. We could not have accomplished this on our own. Vincenzo patiently showed us many properties and Manolo has assisted us with anything we have needed following the sale. If you are considering home ownership in Italy, you cannot go wrong with the Abruzzo Reality team to put your mind at ease and begin enjoying your new life in Italy.

Excellent experience with Abruzzo Reality.

Buying property in other countries can be stressful and frustrating. For us it was a wonderful and smooth process thanks to Tracey and Manolo at Abruzzo Reality. They were patient with us and helped us every step of the way.
They responded to our questions promptly and never left us hanging. Not only did they get us an amazing property for a great deal but they also helped us to find trustworthy and fair tradesman to help us after closing. We would highly recommend this company if you are looking to buy in Italy. They are the kind of people that we hope to keep a friendship with even after business is complete. Thank you to the entire amazing staff.

I want to share the great experience I had with my agent Tracey. I’m a US resident and earlier this year I decided to make my dream of owning a home in Italy a reality. I was lucky to find Abruzzo Reality in my search.
Tracey was instrumental in refining my search and ultimate purchase in Abruzzo.
Having no idea how to purchase a property in Italy, she was able to help me through entire process. Even after the sale, Tracey helped me connect with locals to get the services I needed, from utilities to having work done.
The process couldn’t have have smoother and I highly recommend Tracey.

After having our apartment up for sale for a couple of years with no result, we were recommended to contact Tracey by friends, as she had helped with their sale. We cannot thank and praise her enough as she instantly went into action to advertise and find us a buyer. The whole process was completed quickly and professionally and what we thought would be a complete headache went very smoothly. Tracey dealt with the whole process from viewings, booking the Notary and arranging to have all the utility bills transferred in to the new owners names. We would like to thank the whole team for their excellent service.

For the purchase of our house, we were lucky to have a real professional, who was able to advise us wisely, to find the property that fitted our needs and especially to follow us, to avoid any pitfalls during the purchase.
Professionalism, responsiveness, efficiency but above all an agency we can really trust and what an extraordinary thing, even 4 years after our purchase, we can always count on this agency when we have problems.
It is rare and precious.
We are very satisfied with this agency and strongly recommend the services of Abruzzo Reality.

"Can’t thank you enough for all your help. We are now Italian house owners! The people have all been so friendly and we are looking forward to getting know our new neighbours and coming back to see you. Arriverderci, but not for long!"

While living in California, I happened to read an article on unspoiled areas in Europe. A real estate search in the Abruzzo region of Italy produced a few websites. I reviewed those sites and discovered that Abruzzo Reality provided the most comprehensive, yet balanced information on the area. The property search pages were so efficient that I easily found a couple of properties that were interesting, so I reached out to Abruzzo Reality for more detailed information, whilst clarifying that my interest was merely superficial at this point, since my search had just begun. Tracey Nicholas responded almost immediately to my queries, and informed me that it was fine to be inquisitive without any need to feel pressured to do anything. Tracey's response was pleasant to hear, given I wanted more information, but was months away from any decisions. Although very aware of real estate purchasing in the US, I was a novice in Italian real estate, which led to a myriad of questions for Tracey. Another pleasant discovery, Tracey methodically answered my questions, without a hint of presumptiveness or pressure of any sort. For the next few days, I looked around the internet for more information about the region, real estate, laws, etc., but kept returning to Abruzzo Reality website and Tracey for exacting and accurate information. Excellent!
As a buyer of real estate, I tend to do my research and proceed with great caution always testing the situation from a number of angles. I found a property that met a number of my personal attributes, so a great deal of additional information was gathered to meet my requests, including the geometra on the property, current photographs, videos, and pricing. My approach was pretty thorough and not necessarily easy for Abruzzo Reality, however all of my research requests were met with a spirit of pure openness.
As I tinkered with an offer, I considered the value of the property and my distance from Italy. In summary, I made an offer without visiting Italy. The offer was accepted, and the deal was consummated. As a testament to “trust” and Tracey, I made the purchase from California following the Italian real estate process in three payments of thousands of euros each, while not yet actually seeing the property. I made my initial trip to Abruzzo for the closing of the deal. To my pleasant surprise, the property, the deal, Abruzzo Reality, and Tracey were all as they previously appeared... accurate, authentic and honest.
My real estate experience in the US sometimes involved minor risks, but nothing like the risk of this untested situation in Italy. The key to my risk taking was Tracey and the support of the Abruzzo Reality team. Without hesitation and from the perspective of purchasing numerous properties in the United States, Tracey Nicholas and Abruzzo Reality provided the finest and most honest experience of my life.

"Tracey, you have been so very helpful with looking for a holiday place for us to buy. Without your help and translating there is no way we could have done it. We are very grateful, very many thanks."

Buying a house in Italy has been an almost life long dream for us and was one that we never expected to come true. We decided that we might be able to buy in April as a result of the very favourable exchange rate and we immediately found Abruzzo Reality and a number of houses we were interested in. I started bombarding Tracey with daily, and sometimes more frequent, e-mails to get more information about properties and about the process generally and she was fantastic. She responded promptly every time and really seemed to enter into our excitement about the project. She gave us excellent advise about some of the properties which had appeared ideal on the web but which clearly were not going to meet our ideals. We went out to Abruzzo in July and met Tracey and Vincenzo as we visited our three chosen properties. They negotiated a fantastic deal for us on our perfect property and saw us through everything that followed; Tracey could not have been more helpful or supportive. We completed our purchase as planned on November 9th after a last minute hiccup, when the notary had to cancel our appointment at short notice. Tracey provided a lot of psychological support and Vincenzo rang round virtually every notary in Abruzzo to find one who could see us that day, as our plans and those of our vendors were completely dependant on that date. Tracey is now our property manager and I have complete confidence that under her expert guidance, all will continue to run smoothly for us in Abruzzo. Our dream has totally come true and for that we owe a huge debt to Tracey and Vincenzo for their expert support and guidance in helping us to achieve that dream.

“Tracey, who works with a reliable Abruzzo estate agent through whom we purchased our property, was so incredibly helpful in guiding us through the bureacracy of Italian property purchase: in her safe hands, we didn't encounter any problems, and it all seemed straightforward. And now she is providing an excellent property management service: totally flexible, reliable, and not expensive: it just takes away all those little worries that you inevitably have when you're not actually there. It is so useful when someone knows a trustworthy builder, plumber or carpenter. We consider ourselves so fortunate.

We find few people in the UK have even heard of Abruzzo, let alone know where it is in Italy! It is simply glorious, it is "real" Italy, still (thank goodness) undeveloped, un-touristy and cheap. If you have children, like us, they are loved and spoiled. Go to Abruzzo, and see for yourselves! Tracey will give you the warmest welcome.”

I cannot rate Abruzzo Reality highly enough. We were very fussy buyers!! We had a long list of things that we wanted from a house and we were beginning to think we would not find what we were looking for. It can be quite disappointing seeing what looks like a lovely property on the internet and then travelling all the way to Italy to find its next door to a factory!!
Vincenzo and Tracey however, took on board our requirements and showed us only properties that fitted the criteria we asked for. They were professional and their local knowledge of the area was invaluable. It was also nice to see that the sellers thought highly of them too.
They found us the property we eventually bought and convinced us to look at it even though we thought it might not be for us from the photos. They were right.
They guided us through the buying process and helped us every step of the way, always prompt with responses to our queries. The help did not stop after we signed the papers, they helped with bills, finding us local suppliers and services and even now help us if we have a problem or need to know where to find something.
I would highly recommend them to anyone thinking of buying in this area, with Tracey speaking English and Vincenzo’s local knowledge they make a great team.

One very often reads and hears about all the difficulties when buying a property in Italy. All the paper work, all the regulations to be followed, all the necessary things to be executed etc.  Me and my wife didn't experience any of these difficulties when we bought our property in lovely Loreto Aprutino. Tracey Nicholas, Abruzzo Reality, gave us the best service one can wish for.  She led us through the process in an excellent way. Not one single problem occurred.  She has also been a invaluable help to us, after our property investment. Nothing seems to be impossible for Tracey and she always help us with a smile on her lips. She is a great broker and a lovely, service-minded person, that we strongly can recommend without any doubt.

We found a perfect house, to retreat to, on the Abruzzo Reality website. Work commitments at the time meant that we couldn’t travel to see the house for several months. During this time, Tracey was in regular contact, gave us lots of useful information and was willing to arrange a viewing for us.

When we arrived in Abruzzo, everything was new to us and we didn’t know our way around. Tracey and Vincenzo agreed to pick us up from our holiday accommodation, they drove us to the house we wanted to view and they showed us a few others for comparison. During our time spent together, they gave us reassuring information about life in Abruzzo and about the house buying process in Italy. They helped us with submitting our offer and negotiating the price of the house.

In the months that followed, communication was frequent. We opted to have a survey conducted and Abruzzo Realty appointed a surveyor (geometra) for us. The results of this survey were very detailed and these were sent to us in both Italian and English. Throughout the whole house buying process Tracey liaised between us and the vendors.

On moving Tracey and Vincenzo met us at the property and they had organised for the handover of keys and also for us to reside at the house until the signing day. Tracey also made sure the codice fiscale (tax number) was completed in good time. They also accompanied us to the signing which was reassuring when there are so many people present and the documents are read out in both languages which takes a long time!

After completion of sale, Tracey helped with the transfer of utilities into our names. On several occasions Tracey has gone over and above what one would expect of an estate agent. She was friendly, helpful and professional through the whole process. The service we received through the whole buying process was really outstanding and gave us confidence to go ahead and buy in Abruzzo. It is without reservation that we would recommend the services of Tracey at Abruzzo Realty to prospective home buyers.

Selling a house in Italy we had heard was always difficult and could take years. For us our sale was very smooth and very quick with Tracey and the Abruzzo Reality team. Numerous people to view within the first few weeks and all viewings handled without fuss and at our pace. A couple of offers handled very well and final sale that went through without a hitch. Great service!

We are now the happy owners of a beautiful house in Abruzzo.

We came to Abruzzo for the first time, knowing that we love Italy and having talked to Tracey once, we soon realized that she understood our brief better than we perhaps did ourselves.

We not only enjoyed her professional service, both during the search and all the following admin work, but also the friendly manner in which it was delivered.

We would have no reservations in recommending Abruzzo Reality to anyone that would like to buy a property in Abruzzo.

We do not know where we would be if it weren't for the assistance provided by Tracey. She made every step of the buying process effortless as well as assistance above and beyond the actual purchase. Everything was explained in detail and their knowledge of the area, details and contacts were invaluable. She is an asset to the continued management of our property and have no hesitation in recommending her to anyone contemplating buying or selling property in Abruzzo.

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