Real Estate Law

The legal assistance offered by the Firm in this area encompasses major legal issues in the field, including legal assistance in real estate transactions, including those of an international nature.

Specific expertise in the field enables the Firm to advise on the following:

• On behalf of the seller, on behalf of the buyers, in the preliminary and preparatory phases of the acquisition of real estate assets, both residential and commercial; in the phases of reorganization, development and enhancement of real estate assets; in the drafting of sale and lease agreements, in the drafting of contracts (contratti di appalto) and agency agreements, in international real estate sale and purchase agreements.
• The best protection of Italian and foreign clients (the sale and purchase of properties located in Italy by foreign citizens has increased considerably over the years) is guaranteed by the collaboration with a specialized notary public, to provide each client with adequate and comprehensive answers regarding any issue that may arise in such deals in which the economic investment is high. In this regard, the Firm’s objective is to simplify as much as possible all the procedures to make any procedure for the sale or purchase of properties legally more streamlined.
• The Firm provides assistance and advice in civil and mediation proceedings for the protection of rights in rem, such as property (usucapion, eviction, claim actions (azioni di rivendica), negatory actions (azioni negatorie), actions for border settlement and affixing of terms (azioni di regolamento dei confini e apposizione di termini) and easements (actions for the reinstatement and maintenance of the possession (azioni di reintegrazione e di manutenzione), negatory actions).
• Assistance and advice in the pathological phases of relationships relating to real estate sales (pre-contractual liability, actions pursuant to Article 2932 of the Italian Civil Code, breaches of contract, flaws and defects), lease agreements (actions to establish the illegality of the withdrawal exercised by the tenant and the consequent continuation of the agreement, applications for the determination of the indemnity of commercial goodwill, action for release in the event of refusal to renew on the first expiry, action for termination due to the arrears by the tenant, claims for damages for delayed release of the leased property, expired lease, occupations without having proper title) and contracts (contratti di appalto) (pre-contractual liability, breaches of contract, legal actions for flaws and defects).
• Assistance in stipulating preliminary purchase and sale agreements and lease agreements (for residential or commercial use), including in application of Article 79, paragraph 3, Italian Law No. 392/1978 (so-called “large leases”).

• Advising and assisting major groups in transactions for the release of real estate complexes for redevelopment, both through the start of legal proceedings for the release of properties under expired lease and for release upon first expiry of the agreement, and the negotiation and conclusion of settlement agreements.