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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 have moved from the USA to Montefino in the Province of Teramo, Abruzzo, Italy. By shear luck we googled Abruzzo properties and found Abruzzo Reality and Tracey! She and her colleagues were the most accommodating team that we could have asked for. Tracey speaks both fluent Italian and English so there has been no concern for a misunderstanding in translation. We incurred some daunting trials while acquiring our Elective Visas and Tracey went above and beyond the call of duty to assist us. If you are in the market for a home in Abruzzo, Abruzzo Reality is a must!

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!

Tracey of 'Abruzzoreality' is quite simply a miracle worker! Let us explain.

Having had a holiday home out in the countryside near Penne for ten years, we decided that it was now time for us to 'downshift' and move to a smaller, more easily managed house in town. Tracey had superbly managed the country house for us, arranging ongoing maintenance for the house and gardens, as well as successfully organising holiday lets for the weeks when we were not 'in residence'. Tracey is a highly respected professional; her knowledge and understanding of the vagaries of the property market in Abruzzo is second to none. Knowing her to be honest; always acting with integrity and with our best interests at heart, we were keen to involve her in our plans to relocate in Abruzzo, from the outset.

Tracey designed the advertisement for the sale of our property; posted it on her Abruzzoreality website and was successful in attracting a number of potential buyers. A sale and date for the exchange of contracts was agreed within weeks, meaning we had to quickly find a town house which met our needs. Tracey arranged for us to look at suitable properties in our preferred towns of Penne and Loreto Aprutino. Tracey chose well and we fell in love with a beautiful compact house in the 'Centro Storico' in Loreto. We made an offer which was accepted and through Tracey's hard work, were able to complete the purchase to coincide with the sale of our country property. Tracey had managed to successfully ensure our move was stress-free, seamless and relatively quick to conclude.

We will of course continue to use Tracey's management services for our new holiday home in Loreto and as always, will never hesitate to recommend 'Abruzzoreality' to anyone and everyone! We have been very lucky in getting to know Tracey, who for a whole variety of reasons, has made our time in Abruzzo trouble free and hugely enjoyable. Long may she continue to do so!

We used Tracey to sell our house in the Abruzzo. We found that the services she offered were consistently what was needed. It was never any problem for her to bring prospective purchasers, even though our house was a little off the beaten track. Having lived in the Abruzzo for many years she has local knowledge and an understanding of the culture and the people which all helps in the purchasing and selling process. We have no hesitation in recommending her services.

To move, buy a house and live in another country with all its bureaucracy, customs and language barriers is quite a daunting, if not exciting, prospect at the best of times. To do so, when you are doing it alone can be frightening to say the least.

Tracey made it more of an exciting adventure, without the down side, in a friendly and trustworthy manner. I am extremely grateful to her and her colleagues, and they are still here, helping to smooth out the edges long after I purchased the house of my dreams. I consider them as friends.

Tracey also found me a companion, a beautiful and loving dog who is always by my side :) Thanks for all Tracey.

Tracey has always been very helpful, supportive and trustworthy. She helped us with liaising the utility companies when we had difficulties communicating with them and ensured the bills were paid. When we decided to sell the property.  Tracey dealt with the whole process during the difficult time of the pandemic while keeping us updated throughout. As we were unable to travel to sign the contract, Tracey acted on our behalf as power of attorney to enable the sale to complete. We cannot recommend her highly enough.

Finding a house in Italy was no easy task as we had no idea of an area to choose, let alone a town or city!  After searching for a few months and following a couple of visits, we came across Tracey and Vincenzo through another agency we were viewing with, and after a very short space of time, we switched agencies. Lo and behold, they found us the perfect place to live! Tracey listened to our criteria completely and some of the things we were asking for weren’t easy to come by in the city we chose - Penne - but after searching on our behalf, we have now taken possession of our beautiful new Italian apartment!  Tracey and Vincenzo organised all the legal work for us too, so all we needed to do was to arrive at the Notary office and sign a few documents. It was so easy and totally stress free!  We kept in contact with Abruzzo Reality the whole time - asking questions, raising silly points about Italian life and legalise, and each time Tracey was able to assure us that there would be no problems - and she was right!  We are back in the UK at the moment but heading out in September when her after sales Manager, Manolo, will be taking control of helping set up bank accounts in Italy together with going through all the documentation that is needed to set up payments for the apartment utilities.  We thoroughly recommend Abruzzo Reality - the service has been second to none - and we are hoping that the journey we travelled together to find our new home has made us firm friends for the future when we are living there.

We cannot speak highly enough of our experience when dealing with Tracey Nicholas of Abruzzo Reality.  She made the whole selling process so simple and straightforward, and this was dealing with two customers who didn’t speak a word of Italian!  She answered every email promptly, was honest and fair and we had total faith in her from the beginning, and our trust was rewarded.  The viewing of our property, to the completion with the notary, all took place in under a month, thanks to her organisation.  We were kept fully informed at every stage, from receiving initial deposits to advising when to book our flights.  What we expected to be a complicated and nerve wracking experience actually turned out to be very enjoyable, thanks to her.  We recommended her to friends of ours, and they had exactly the same experience as us, and even said she did more than was expected to help them after their sale was completed, assisting them with the bank and transfers.  We would be happy to act as referees for anyone thinking of buying or selling with Tracey, we are totally confident you would be as pleased as we were if you used her as your agent.

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.

Property transactions are invariably by their very nature stress inducing, especially when involving an unfamiliar language and legal system. Complete trust in any company chosen for marketing and conveyancing is paramount and it was clear to me from my first conversation with Tracey that I had at last found the person I'd been looking for.

The sale of my property involved a particularly challenging problem which on several occasions appeared almost impossible to resolve. Tracey however is a person who inspires confidence almost as though failure is not an option and I have no doubt that without her skill and involvement the house would still be for sale and likely to stay that way.

From my personal experience of property ownership in Abruzzo I believe the service this company provides is unique and only wish that I'd found such an agency in 2004 when I first dipped my toes into Italian living.

We were looking at houses in Abruzzo for quite some time as we were quite fussy on what we wanted and it had to be within a specific budget. Apart from this, our requirements changed a lot over the period we were looking at houses. Despite this we have to say Tracey and colleagues were always there to help out, and even show us a few house we insisted on seeing when they knew quite well they were not suitable for us. The house we eventually purchased was one they brought to our attention, when they did we named it the "prison house", which shows how impressed we were, and of course how wrong! During the purchase and since (now 4 years on) Tracey has helped us (and still does) not only sort out our problems and get jobs done, but also provide great guidance and encouragement to do things ourselves.

After struggling to buy a house in Abruzzo for over a year, Abruzzo Reality made it happen for us. They turned out to be very helpful in ensuring we did not have any surprises and easing the, sometimes, arduous process of buying a house. They really pushed the boat out; sorting out difficulties with land boundaries and in particular, after purchase, they were very helpful in introducing us to a wide range of local craftsmen and builders to ensure we had a choice of who refurbished the property. We couldn't have asked for more, they supported us all along the way and were transparent and straightforward in all the negotiations. We would have likely given up long ago if it were not for their support!

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.

We cannot thank Tracey and Vincenzo enough for all the fabulous help and support they have given us throughout the process of finding a new home in Abruzzo, Italy. Their honesty, openness and friendly professionalism was everything we needed to feel confident at what was a daunting time. I would highly recommend both Tracey and Vincenzo to anyone looking to buy or sell in Abruzzo. True Gems that deserve every success. THANK YOU.

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.

Abruzzo Reality, surprised us, with their professionalism, availability and expertise. We had previously contacted several other real estate agencies. We were accompanied from the beginning to the end of the negotiation and supported in any problem that arose during the process. The adjective that most represents this agency is honesty; who chooses them, will surely be satisfied.

For some time we were looking for a nice place to call our own in Italy, where we could have a relaxing time in between the rush of daily life, but could also rent during the high season. Looking over countless internet pages and visiting real estate sites we came across the site of "abruzzoreality.com". We couldn't have been more lucky.

From the start we had all the help that a 'stranger in paradise' could wish.

Together with Tracey we browsed the practically the whole of north Abruzzo for something suitable that had to be not only comfortable but also had to be fitting within our budget.

Because we were in the Netherlands, she visited several properties for us and came up with an extreme good property in Mosciano Sant'Angelo at the end of May. From that moment everything went in a current. Tracey and colleagues did literally everything for us. They took care of all the paperwork and she was our tower of strength during this hectic period. In only a few weeks we had to go to Italy to get everything straightened out and a few weeks later we could sign the contract. I'm sure that with our lack of knowledge about the Italian language and bureaucracy, we would have never done it in such a short period with such a fantastic result.

Our sincere compliments to Tracey for all her effort in helping us to obtain our apartment. Abruzzo Reality really put people before quick profits.

Thank you guys!

We entered into the Italian property market on a bit of a whim and with little knowledge. Tracey immediately impressed us by the responsive way she answered our initial queries and provided us with really helpful advice on geographical areas to consider. We booked a couple of long weekends in Abruzzo and Tracey could not do enough for us in organising viewings and ferrying us from house to house. Tracey was accompanied by Vincenzo who originates from Abruzzo and together they make an impressive and knowledgeable Anglo-Italian partnership. They were always realistic about the merits and weaknesses of each property and we never felt under any pressure from either of them at any time. They clearly just wanted to find the right property for us and approached this with great integrity and dedication. We learned a lot about Abruzzo from them and did eventually find a wonderful property, completing the sale in May 2016. Tracey held our hand throughout the process, arranging the survey and the notary and responding immediately to any issues whenever they arose. This high quality attentive service did not stop once we had taken possession of the property and Tracey continued to help out with organising energy supplies and fuel bills.

We would now regard Vincenzo and Tracey as our first Abruzzo friends. We often had meals together during our house hunting and we now take every opportunity to catch up with them when we return to the holiday home they found for us. We feel very lucky we stumbled on Abruzzo Reality!

“Thank you, Tracey for all your help with our house buying experience. You gave us support right through the process, from making our first visit to some potential properties to being with us at the final signing, and this was much appreciated. We feel that we have made the right choice of property to suit our needs and we really couldn’t have asked for a more pain-free process, which was mainly down to the way you kept in touch with us and sorted things out to help us. We feel that, for you and our estate agent, nothing was too much trouble and you went the extra mile on our behalf. We’d strongly recommend you to anyone else who is thinking of buying their dream home in Abruzzo. “

Tracey has made the selling of our Abruzzese property painless. She has coped with all the bureaucracy for us, and made a potentially very stressful time, into a positive experience. If only all house buying was that simple; much more certain and secure than in the UK. Many thanks.

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