Real Estate
The firm specializes in the following areas of law: corporate, real estate, public entities, probate, and family law.
- Buying and Selling
- Loans and Mortgages
- Transfers
- Tax consulting
Buying and Selling
A real estate sale is the primary legal transaction involving real property. It is the most common type of contract in everyday life, and it is likely that everyone will encounter one at least once in their lifetime.
The services provided by Studio Notaio Franco in connection with this contract—which is used by a wide and diverse range of clients—are therefore particularly comprehensive and detailed, and include:
- assisting clients from the pre-contractual negotiation phase, during which it is advisable to conduct a preliminary inspection of the property to avoid unpleasant surprises once negotiations are well underway and mutual commitments have already been made;
- ongoing, expert assistance in gathering all the necessary documentation to verify the property’s compliance with cadastral and urban planning regulations, as well as its history over the past twenty years—both in terms of previous ownership transfers and the presence of any encumbrances or adverse encumbrances;
- specialized advice on matters related to payment terms, condominium fees, property handover, and energy performance;
- the completion of all necessary legal formalities, such as land registry transfers, registration with the Internal Revenue Service, and recording in the relevant property registries.
Loans and Mortgages
A mortgage is a contract under which the lender, usually a bank, transfers a specific amount of money to the borrower, so that the borrower may use it for a specified period in exchange for the payment of interest to the lender.
In real estate purchase transactions, a credit institution typically grants a mortgage loan in exchange for a mortgage on the property. Depending on the purpose for which it is granted, its term, and the type and extent of the collateral securing it, the loan agreement takes on certain distinctive features and is governed differently: it may be a real estate loan, a mortgage loan, a cash loan, or a special-purpose loan.
As an impartial third-party professional, the notary oversees the drafting of the contract and the establishment of the related guarantees, balancing, on the one hand, the borrowers’ need to obtain the requested amount to complete the desired transaction under fair terms and with the utmost transparency, and, on the other hand, the lending bank’s need for adequate security.
Franco Notary Office assists clients with all procedures and documents related to mortgage-backed loans on real estate, such as loan disbursements, subrogations, releases, cancellations, or restrictions on mortgages.
Transfers
Franco Notary Office also handles various types of deeds related to the transfer of ownership or other real property rights, whether for consideration or free of charge, such as gifts, exchanges, partitions, and settlements.
Tax consulting
Franco Notary Office also handles the tax aspects of real estate transactions. These are highly significant transactions because they affect the expenses that each individual is required to pay based on the size of their assets.
In this context, the notary’s advisory role is more necessary than ever, as they fulfill their duty to inform by explaining to the client the option to take advantage of the tax benefits provided by law—for example, tax breaks for the purchase of a first home, particularly for those under 36.