Sale of a non-compliant property
The second major risk of selling a house without a real estate agency concerns the possibility that your property does not comply with all the rules.
Town planning and cadastral compliance, compliance of the systems, the presence of restrictions on the property or even that there are manufacturing faults or defects. These are all elements that must be considered to avoid penalties, compensation, the impossibility or nullity of the sale https://www.atticushomebuyers.com/
Lack of urban planning and cadastral compliance
To avoid building abuses, it is not possible to proceed with the sale of a property in the event of non-compliance with town planning and cadastral regulations.
What is it about?
Compliance is the correspondence between the actual state of the real estate unit and the related cadastral and planimetric data. Town planning compliance is the correspondence between the actual state of the building and the set of building permits issued throughout the building’s construction history.
Not verifying these two aspects means exposing yourself to a series of risks which can lead to the lengthening of sales times if not the total impossibility to sell due to irremediable situations. There is also the risk of having to return the amount left as a guarantee or, in the case of a confirmatory deposit, double the amount left by the buyer.
Lack of usability
The Court of Cassation ruled that a property without a certificate of habitability is unmarketable from an economic point of view. This means that selling a property without due certification is possible but it is an illegal action , with important civil and economic consequences.
In fact, the buyer has ten years to assert his rights by appealing against the real estate purchase that took place without usability. The buyer can request the dissolution of the contract or compensation for damages, or both.
Presence of constraints on the property
Article 1489 of the Civil Code establishes that ‘if the thing sold is burdened by charges or by non-apparent real or personal rights which diminish its free enjoyment and have not been declared in the contract, the buyer who has not been aware of them may request the termination of the contract or a reduction of the price’.
The second major risk of selling a house without a real estate agency concerns the possibility that your property does not comply with all the rules. Town planning and cadastral compliance, compliance of the systems, the presence of restrictions on the property or even that there are manufacturing faults or defects. These are all elements…
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