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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.

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.

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.

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!

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.

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.

Our search for a home in Abruzzo started at the end of 2017. After a lot of searching on the internet, we ended up on the website of Abruzzo Reality. What immediately struck us was that we could read this site in our own language. Which in itself was a plus. After the first mail we sent to Tracey, we were quickly surprised by her quick and professional answers. No question or comment was too much for her. She is the best in her profession and she has always supported us with advice and action. After we had visited our dream home and decided to buy it, she took care of all the administrative matters. From application Codice Fiscale, up to and including signing with the notary. Which was a great reassurance for us, knowing that we were assisted by someone who knew perfectly well how things work in Italy. Even after the purchase she still takes care of the administration and we can still contact her for advice. The smooth course of this sale has even prompted us to purchase a second home in Abruzzo. Without Tracey there was a big chance that our purchase would end up as a nightmare, now it remains a dream, thanks to her! We can therefore highly recommend Abruzzo Reality.

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 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.

From the moment we began working with Tracey, we knew we had found someone extraordinary that would make our house-buying experience as smooth as it possibly could be, considering we were interested in buying a house on a different continent, in a country where we didn’t speak the language. Her warm personality and amazing work ethic, when combined with her knowledge of the Abruzzo region, make her simply the perfect realtor to work with when buying a home there. We had countless questions for her throughout the process, for which she provided answers via e-mail or telephone almost immediately, regardless of time zone differences. There were also many challenges with the bank that provided our home loan that Tracey resolved through perseverance and 100% dedication to our best interests. When we met her in person, our initial impression was solidly reinforced; we instantly felt at ease with her, as if she was part of our new family abroad. We honestly don’t know if we could have succeeded in buying our dream home in Italy without her, and continue to depend on her and trust her fully with other business opportunities to this day. We couldn’t be more pleased with her work. We also cannot say GRAZIE MILLE enough to our dear friend Tracey Nicholas for making all of it possible, and for making it a fantastic experience!!

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!

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.

Our experience with Tracey Nicholas was professional and personable from the beginning of our purchase to closing. She guided us through the unfamiliar process of buying a home in Italy. She made what could of been an impossibility difficult process, understandable and comfortable. She and her staff were attentive to everything we required. It allowed my husband and I to focus on the joy and excitement of becoming owners in the fantastic Abruzzo area. I would recommend if you are purchasing in Abruzzo to use Tracey.

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.

"We cannot sing the praises of Tracey sufficiently highly. She has taken all of the worry out of the house purchasing process in Italy. She has been trustworthy, thorough and reliable throughout. Tracey is a gentle, intuitive translator, active project manager and industrious agent. We have made significant savings by entrusting the whole process to Tracey. Without having the confidence to make this leap of faith we could never have operated so effectively, or economically from so great a distance.

The inevitable unfamiliarity with the Italian property house buying market proved potentially daunting. Informed advice is crucial and is provided in abundance."

In our search for houses in Abruzzo we came across several kind and helpful people in the various real estate agencies. However, from the very beginning Tracey has given us kind, informative and immediate responses to all our questions. So, when we met Tracey at our first trip to Abruzzo there was no doubt in our mind to chose her and Abruzzo Reality to help us.

Tracey has been guiding us from the first step of the Italian buying process until we finally received the keys to the house. And we are convinced that Tracey will ensure that the process of renovating the house will be as smooth as possible. Thank you.

I and my husband were thinking about buying a house or an apartment in Italy. Last October we visited a fair for Homes Abroad in Helsinki, Finland and afterwards we waited that one of the agency’s would contact us about the apartments.  Then, while we were on vacation at Christmas, we found in internet one apartment which was very interested. So, we contacted AbruzzoReality and Tracey. She answered very quickly and was very helpful. In the beginning of January we were visiting this apartment in Italy. The apartment was just that we were looking for. Because of Tracey, everything happened very quickly, in the 1st of February we could say: We own a part of Italy! Happy, happy, happy…
P.S. Finally the Finnish agency offered the same apartment for us but for much more expensive price…

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!

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.

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!

We have nearly completed our first year of owning a property in Abruzzo after looking for almost 5 years.
During our last two years we met Tracey and Vincenzo, who introduced us to the region of Abruzzo. They showed us a variety of properties, based on the brief given to them and did care that we the buyers and the properties were closely aligned.
Having found a property that matched what we wanted, the process of buying was fairly straight forward through their services. Tracey took us through the process step by step and ensured everything was conducted in a professional manner.
Both Tracey and Vincenzo assisted us with the Italian notary and followed up after the transaction was completed dealing with all the necessary paperwork.
We are delighted with her services and her meticulous attention to detail.

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