English speaking Italian Lawyers in Abruzzo region

[AmoreDistef]

We're on the brink of buying a new property in the Province of Teramo (Montefino) and would like to find an english speaking italian lawyer around the Montefino/Marciano district etc.

Can anyone recommend a good local english speaking lawyer in this area?

Cheers,

Annamaria

[AmoreDistef]

Yes thank you. We found an Italian-English speaking lawyer in London instead. Thanks for the offer anyway.
Annamaria

[Bevdeforges]

Originally Posted by bennyb1929

Hi Massimo. My father needs a lawyer to help him find some documents in Marciano. If you could help that would be great. Thanks! By the way what kind of lawyer are you?

Check with the US Consulate in Italy. (Try the website first - it can be difficult to get through by phone.) The "Citizen Services" section very often publishes a list of English speaking attorneys - and often they note attorneys who are dually-qualified (i.e. they can practice in both the US and Italy). This can be useful, as a dually qualified lawyer may be better able to explain Italian law in terms with which you are already familiar.
Cheers,
Bev

[IThouse]

Originally Posted by AmoreDistef

Yes thank you. We found an Italian-English speaking lawyer in London instead. Thanks for the offer anyway.
Annamaria

In my opinion a lawyer in UK (or abroad) can't NEVER manage a search in Italy better than locals.
They charge a lot of money but at the end they always need some local to make their searches.

Normally if the notary is good, the sale is in his/her hand.
A notary in Italy is a public officer (it is also a lawyer), he has to be impartial and he makes all the right searches before to do a public act.
In Italy they don't use lawyer to buy houses, they use only the estate agent and the notary.

[Perdaxius]

Originally Posted by IThouse

In my opinion a lawyer in UK (or abroad) can't NEVER manage a search in Italy better than locals.
They charge a lot of money but at the end they always need some local to make their searches.

Normally if the notary is good, the sale is in his/her hand.
A notary in Italy is a public officer (it is also a lawyer), he has to be impartial and he makes all the right searches before to do a public act.
In Italy they don't use lawyer to buy houses, they use only the estate agent and the notary.

This is a little misleading to say the least. The very fact that Notaries (legally trained but not practicing avvocati, unless they have dual certification) are public officials means that they must remain impartial. This means that they do not provide you with advice on the merits of your specific contract. Notaries in Italy are specialists in documentary transactions and do not carry out any form of comprehensive due diligence, except for limited searches. Limited searches are not enough.

It is always best to get yourself independent legal advice before signing any contract anf handing over large sums of money.

[IThouse]

Originally Posted by Perdaxius

This is a little misleading to say the least. The very fact that Notaries (legally trained but not practicing avvocati, unless they have dual certification) are public officials means that they must remain impartial. This means that they do not provide you with advice on the merits of your specific contract. Notaries in Italy are specialists in documentary transactions and do not carry out any form of comprehensive due diligence, except for limited searches. Limited searches are not enough.

It is always best to get yourself independent legal advice before signing any contract anf handing over large sums of money.

For what I know, IF the estate agent is a qualified one (it means licenced) make first the searches at the land registry and in some other offices to know who are owners and what is real in sale from them (the same does the notary plus other searches on the history of the sale and if there are some economical problem behind).

Normally the estate agent is in charge to report to the notary the real status of the property, specifically what the notary CAN'T see personally.

What is crucial to investigate is that NO third parties have ANY right on the object in sale. This to avoid bad surprises later.

For what I learned what effects more a property's sale (expecially in the countryside) is:
If there are not registered parts of the house, but this is something a local surveyor can discover easly.
If there are neighbours (farmers) that have some pre-emption right on the property (this is something the vendors has to investigate and report to the estate agent).
If the land has been effected by some town council or regional restriction.
If the land is crossed by a public road because if it is so you can't fence later.
All of these information CAN't be provided by a lawyer but can't be provided from a local surveyor just asking an ACCURATED AND SWORNED survey of the house.

What I tried to say in my previous post is that to have a legal advice is correct but there is not need to pay so large amount of money to some lawyer in UK that pretend to manage a sale from there when there are information they can't get from there, only if they don't use some locals...
Also many of the crucial information concerning the property are in the end of the estate agent, the notary and I would add the surveyor.

[Perdaxius]

Originally Posted by IThouse

For what I know, IF the estate agent is a qualified one (it means licenced) make first the searches at the land registry and in some other offices to know who are owners and what is real in sale from them (the same does the notary plus other searches on the history of the sale and if there are some economical problem behind).

Normally the estate agent is in charge to report to the notary the real status of the property, specifically what the notary CAN'T see personally.

What is crucial to investigate is that NO third parties have ANY right on the object in sale. This to avoid bad surprises later.

For what I learned what effects more a property's sale (expecially in the countryside) is:
If there are not registered parts of the house, but this is something a local surveyor can discover easly.
If there are neighbours (farmers) that have some pre-emption right on the property (this is something the vendors has to investigate and report to the estate agent).
If the land has been effected by some town council or regional restriction.
If the land is crossed by a public road because if it is so you can't fence later.
All of these information CAN't be provided by a lawyer but can't be provided from a local surveyor just asking an ACCURATED AND SWORNED survey of the house.

What I tried to say in my previous post is that to have a legal advice is correct but there is not need to pay so large amount of money to some lawyer in UK that pretend to manage a sale from there when there are information they can't get from there, only if they don't use some locals...
Also many of the crucial information concerning the property are in the end of the estate agent, the notary and I would add the surveyor.

[/QUOTE]

Although the list is incomplete, most of the things you have stated form part of the due diligence process. However, remember that there is no such thing as a standard house purchase. Each case will be different and have its own set of complexities.

Some of the issues you list are not as simple as that. For example, as far as the prelazioni agrarie are concerned, it would be very unwise to leave this in the hands of anyone who has a vested interest in selling the property. The rules governing prelazioni are complex and it is not uncommon for foreigners to come across legal pitfalls.

I do not agree with some of your statements because a competent lawyer can do all of the things you say, irrespective of where they are. Granted, there are some sloppy lawyers around (look at what has been happening with one UK based Italian Law firm operating in Calabria for example), but when buying a house in Italy, a contract that has been signed becomes legally binding. I'm afraid that neither an estate agent, nor a geometra is capable of advising you of your legal rights and obligations.

A proposta irrevocabile or a contratto preliminare is not some simple agreement or handshake. These have far reaching consequences if not handled with care. Furthermore, the laws are always changing and new regulations are always being introduced so it pays to be prudent at all times and seek independent advice. There are enough good property lawyers around and in any case, their fees should be the least of your concerns, especially when you are investing hundreds of thousands of euros in your dream home.

[pugwashington]

Originally Posted by AmoreDistef

We're on the brink of buying a new property in the Province of Teramo (Montefino) and would like to find an english speaking italian lawyer around the Montefino/Marciano district etc.

Can anyone recommend a good local english speaking lawyer in this area?

Cheers,

Annamaria

My advice would be that you need a structoral engineer more than a lawer - however I did meet one last week in popoli who seemed OK - youngish left wingish ex deputy mayor of popoli - could find his contsct details if needed.