Buying a house real estate agent

Buying a home is a very delicate task because it requires several procedural steps, from entering into contracts, papers to sign. This, more often than not, brings the city to rely on experts, estate agents, offering consultancy in the search of the property, management of first contracts and, in general, various assistance in the sale.

We propose here a guide for the citizen who chooses to have the help of a realtor in finding and buying the house. The aim is to make him aware of their rights, duties of the agent, the remedies and precautions necessary to avoid unpleasant surprises later (eg. Building irregularities or tax the property purchased or additional costs not covered).


1. First, when you enter into an estate agent must make sure that the person with whom you interact regularly is a real estate agent in writing to the Role of Intermediaries in the Chamber of Commerce.

Verification can be done by explicit request of the agent to exhibit its certificate or obtaining information from the local Chamber of Commerce. This information is important because, if the mediator is entered into the role, is not entitled to receive the commission. However, you should be wary of free professional services because they can hide the abuses.

2. The claim that the agent uses the forms filed with the Chamber of Commerce for the conclusion of any act, and make sure you keep a copy of all documents:
- Are clearly written and understandable. If in doubt do not hesitate to ask for clarification to the lawyer.
- Correspond to the data entry in the role of the broker or the brokerage firm or its legal representative. This information is for consumer protection as it allows him to identify the professional real estate agent, who, as mentioned, must be enrolled in the role of mediators
- Indicate the object of the contract, specifying whether it is eg. of a proposed purchase or sale of an assignment.
- Contain all the necessary elements for a single type of act (eg. Essential elements of the proposed purchase, compromise and deed)
- Are completed in all their parts. It is advisable to seal any unused portions
.- Be countersigned by the agent who conducted the negotiations.

3. Always read the documents that are submitted by the agent, pretending to be fairly detailed (especially when it comes to proposals for purchase) and check for the presence of so-called unfair in the agency agreement or mediation.

4. The claim that the agent provides correctly all the necessary information on general conditions of the property, on its compliance with building codes and zoning and the presence of any constraints. Please remember, in fact, that the estate agent is civilly responsible if hiding the existence of easements, mortgages, foreclosures, building unfairness, lack of consent of all co-owners to the sale of the property, rights of first refusal or redemption, ordinary non-payment of service charges and / or extraordinary by the seller, or if it provides false data (eg. states that land is buildable when in fact it has other urban destinations).

This is data that the estate agent has a duty to know according to the professional care required by the characteristics of the deal and its level of organization.
The duty to disclose the real estate agent requires the request to the owner of the property, all documentation relating to the property, certified company registration offices, and financial and technical precautionary property registers, verification, at the directors of the condominium in which the property is located, the existence of arrears or service charges provided for extraordinary measures.
Furthermore, the agent shall offer its telephone availability and willingness to visit the property.

5. With regard to information on the property, make sure you have all of the following acts:
- Certificates of intended use, urban destinations, copies of pardons, licenses or construction permits, grants amnesty;
- Certificates of habitability and accessibility and certificates of conformity of equipment
.- Copies of cadastral sheets filed, map extracts, certificates, historical
.- Mortgages, mortgage history.

6. You should ask the agent, as soon as possible, detailed information on the value of the property, tax and notary costs which the parties will meet on the commission owed the agent and any additional charges.

7. Beware of the value of the property: the card offer agency usually brings the price of the property compared to its total area. This is the commercial area, which is different from the tread. The first, in fact, unlike the latter, also includes the internal and external walls of the building and is calculated according to criteria that may vary from agent to agent. Therefore, you should ask the agency how the calculation was made.

8. Some details of the commission:
- The agent, as already said, must be entered on the Roll of the Mediators, becomes entitled to a commission only when "the deal is concluded as a result of his action" (Art. 1748 c. Civ.), Usually On signing the preliminary contract of sale (cd compromise) or of formal purchase proposal.

However, according to the law, is sufficient to mature the commission, the parties have consciously made use of the agent to meet and formulate a potential deal.estate agent in writing to the Role of Intermediaries in the Chamber of Commerce.

Verification can be done by explicit request of the agent to exhibit its certificate or obtaining information from the local Chamber of Commerce. This information is important because, if the mediator is entered into the role, is not entitled to receive commissions. However, you should be wary of free professional services because they can hide the abuses.