For over 15 years, I've been in the real estate business, and had the pleasure (or sometimes the headache) of meeting dozens of real estate attorneys. And let me just spoil the plot right here: the best ones aren’t the arrogant, aggressive types. Far from it!
Yes, even with all my experience, I rely on a good attorney who knows every twist and turn of Italian law. And believe me, when it comes to nuances, Italy has them in abundance—too many, actually!
So, without further ado, let’s dive into the essential qualities of Italy’s best real estate attorney. We’ll discover when you really need one and what characteristics you should be looking for.
Ready? Andiamo!
In a heartbeat
- Best websites to start your search? Idealista.it and Immobiliare.it for general listings, while LuxuryEstate.com is your go-to for high-end properties. These cover 80% of the market.
- Italy has no central data for property sales, and listings are often repeated across multiple sites with different prices and details—what a confusion!
Today, I'm all about efficiency. Let’s define the role of a real estate attorney and answer a few of the questions I get asked most frequently.
A real estate attorney in Italy is a specialized lawyer who knows the ins and outs of the ever-evolving real estate laws and regulations. They’re experts in all things related to property transactions, from purchase agreements to the finer points of Italian real estate law.
Their expertise will provide you with a sense of security and confidence in your property transactions.
Do I need a lawyer to buy property in Italy?
Actually, hiring a lawyer is optional when buying property in Italy.
No, hiring a lawyer is not strictly necessary when buying property in Italy.
Typically, property deals are facilitated by a real estate agent, who handles most of the legwork and documentation. The agent then passes everything over to a notary—a neutral public official—who verifies the property’s legality, drafts and authenticates the sale agreement, and manages the tax payments for the Italian government.
More than 80% of Italians don’t use a lawyer when buying or selling property.
Do I recommend hiring a lawyer?
Absolutely, I do recommend hiring a lawyer especially if you’re a foreign buyer. Here’s why you should consider involving a lawyer before you sign anything:
- If you’re not familiar with Italy’s purchasing process.
- If your real estate agent lacks experience in foreign transactions or doesn’t explain all the legal steps involved.
- If the property is worth several million euros or involves complex legal issues.
A good real estate attorney can make your buying experience in Italy smoother, safer, and more informed. And let’s face it—when investing in Italian real estate, peace of mind is priceless. Knowing that a professional is handling the legal aspects of your purchase can provide you with a sense of security and confidence.
Protect your investment in Italian real estate—
reach out to our experienced property lawyers for guidance!
Services provided by a real estate attorney in Italy
- Drafting Purchase Offers and Preliminary Contracts - Often, a real estate attorney is brought in to draft an irrevocable purchase offer and/or the preliminary contract. However, in most Italian transactions, this is usually done by the real estate agent. The notary only steps in if the preliminary contract needs to be registered with the Land Registry—a step I always recommend to my clients for added security.
- Conducting Due Diligence - This is a thorough investigation of the property's status, covering both technical aspects (like ensuring the property’s physical state aligns with building permits to avoid any illegal structures) and legal ones (such as checking property deeds, land records, lease agreements, and liens). Without an attorney, the real estate agent handles the initial verification of ownership and outstanding debts or liens and later by the notary. A little tip for you: the due diligence process is essential, so make sure to pay close attention!
- Setting Up a PoA - Power of Attorney is especially helpful when you’re too busy or far away to personally handle the transaction. It lets you avoid the hassle of travel and cut through any language barriers. The PoA allows you to skip expensive flights and keeps confusing legal jargon manageable. If bilingual documents and interpreters are needed, the PoA can also simplify these steps.
- Inheritance Issues - Attorneys are particularly valuable when dealing with property inherited by a foreigner. They ensure compliance with both Italian and international inheritance laws, which can be a tangled web of regulations. This includes managing inheritance taxes and, when needed, helping to resolve issues with dividing inherited assets.
- Handling Real Estate Disputes - Real estate attorneys can also assist with disputes such as evictions, unauthorized occupancy, precautionary actions, and unregistered contract issues.
Here’s something you won’t hear often: notaries do not verify whether the property’s current state matches its permits. They simply require the seller to declare compliance in the sale deed. Only in a few regions, like Tuscany and Emilia-Romagna, is a compliance certificate from a neutral technical expert (such as a surveyor, architect, or engineer) mandatory.
Hint: always request an urban-planning compliance certificate, regardless of the property’s location. You don’t want to rely solely on the seller’s statement, as they might unknowingly or intentionally misrepresent the facts.
How to find real estate attorney in Italy
Now that we've covered all the various roles a real estate attorney can take on, you've probably gathered just how crucial this professional is. So, here comes the big question: how do you choose a real estate attorney in Italy?
It’s not as straightforward as you might think. Since there's no specific academic path or dedicated register, any lawyer can claim to be a real estate expert. And believe me, some do enthusiastically, even if their experience is questionable at best.
Generally speaking, the key to choosing the right real estate attorney is to scrutinize their resume. Take my agency, for example—I handpicked a real estate attorney who not only has years of experience but also teaches courses for the FIAIP [1] (Italian Federation of Professional Real Estate Agents). In my book, this makes them practically a guru in the field.
Another option? Head straight to the Ordine degli Avvocati di Milano [2] (Milan Lawyer Association). They offer a range of services to the public, including providing a list of real estate attorneys. It’s a reliable starting point if you want a little extra assurance that you’re dealing with someone who knows their stuff.
Choosing the right attorney might take some effort, but hey—if you’re investing in Italian real estate, it’s worth every minute!
Choosing the Right Real Estate Lawyer in Italy
I’ve always likened the legal field to a vast and overwhelmingly deep ocean. And when it comes to Italy, let’s just say it’s not just about laws; it’s also about Giurisprudenza, the layer of judicial interpretation that guides judges to make the “right” decisions.
In other words, if you think you know Italian law, brace yourself—there’s always an exception lurking around the corner.
In my view, the best real estate lawyer in Italy should have the following qualities:
- In-Depth Expertise in Italian Property Law - Your lawyer shouldn’t just know the laws—they need to understand how judges actually apply them, which means staying updated on recent court decisions. It’s like knowing the rules of chess but also being able to predict the next move.
- English Fluency—No Translators Needed - Your lawyer should speak English fluently without relying on translators. The last thing you want is to lose nuance in legal discussions just because of a language barrier.
- Experience with International Clients - Navigating Italy’s legal landscape is one thing, but doing so with international clients in mind is another challenge altogether. Your lawyer should be well-versed in cross-cultural differences and legal systems, making the process as smooth as possible for you.
- Intellectual Honesty - A great lawyer knows when to settle. After all, in Italy, legal disputes can drag on for ages, sometimes doing little more than padding the lawyer’s bank account. The best attorneys help you find practical compromises, saving you time, stress, and a hefty legal bill.
So, when choosing your lawyer in Italy, look for someone who brings these qualities to the table. You’ll thank yourself later!
Common Legal Pitfalls for Foreign Buyers in Italy
Here’s a quick rundown of the main pitfalls foreign buyers face in Italy. For the full scoop, check out my article: Mistakes to Avoid When Buying Property in Italy.
Italy is certainly the land of delightful surprises—not just when it comes to food and scenery, but also in real estate. Picture this: you could encounter unlicensed real estate agents (by the way, they aren’t legally entitled to commission) or so-called “experts” who, in their eagerness to help, pretend to be well-versed in a field they know little about.
Now, let’s talk about legal matters. Due diligence is non-negotiable. Yes, it might be expensive, but it can save you from nasty surprises like unauthorized construction, hidden mortgages, and missing habitability certifications. Trust me—it's worth every penny.
Also, always do your homework before signing anything. You don’t want to be stuck with an irrevocable offer that locks in the price and requires a down payment. Speaking of which, if you’re putting down a significant amount—say, 10-30%—it’s wise to sign the preliminary contract with a notary. This step can help you avoid any potential double-dealing by the seller.
When buying property in Italy, vigilance pays off!
Elena Manzhos: Mother of two beautiful children, wife, and real estate agent for over 15 years. More than 20 years ago, I moved to Italy from Eastern Europe. I have always had a deep-seated passion for houses; as a child for the Barbie house, and now as a real estate professional, my love for luxurious properties is unwavering.
Fiaip,
Linkedin,
Instagram,
Facebook.