Agency

Agency

The Real Estate Agency LCE has been working in the real estate sector for over thirty years in the sale and purchase of residential and non-residential properties, the management of rentals and leases in general, business transfers and personalized consulting. The company has grown by standing out for its honesty, professionalism and courtesy, earning the respect and loyalty of its clients.

Our wealth of experience, knowledge, and in-depth understanding of the legal context of sales and purchases allow us to deliver the utmost professionalism and expertise, a result we also achieve thanks to our commitment to ensuring the efficiency of our services.

A home is an essential asset on which a person's quality of life depends, a primary asset, and that's why we pay special attention to the quality of our service, allowing our clients, whether sellers or buyers, to complete the purchase and sale of their property with maximum guarantees of safety and peace of mind.

The agency is a member of FIMAA (Italian Federation of Business Agents and Brokers) and of ASCOM Pordenone, and therefore offers all the guarantees of reliability and competence required of members of these associations.

Services

For those who buy:

  • Guarantee of seriousness and conduct of the negotiation
  • Technical assistance: preparation of floor plans, land registry, urban planning and mortgage surveys
  • Design, renovation study and preparation of cost estimates, all with the collaboration of qualified technicians
  • Detailed information complete with photos, complete description of the property, price and geographical location
  • Scheduling visits
  • Preparation of the preliminary contract and the public deed
  • Technical-legal consultancy
  • Complete assistance up to the public deed

For those who sell:

  • Market price valuation consultancy
  • Identification of resources present on the reference market
  • Assistance in analyzing the technical and legal documentation required for the sale
  • Interior/exterior photos
  • Experience in promotion and market presentation
  • Publication in industry magazines
  • Listing the property on real estate portals
  • Detailed product listing on the official website
  • Selection and management of the purchasing customer
  • Preparation of the preliminary contract and the public deed

Contractual consultancy

  • Assistance in drawing up contracts in general
  • Drafting of deeds, private agreements
  • Assistance to both tenants and landlords for residential or commercial leases
  • Contract checks
  • ISTAT revaluations
  • Correct allocation of expenses
  • Property Management

Useful information

Rent-to-Buy (Source: www.notariato.it)

The rent to buy it is a new type of contract, introduced into our legal system by the Sblocca Italia Decree (DL 133/2014 converted into Law 164/2014), with which the grantor [owner] immediately delivers the property to the conductor [tenant and potential future buyer], who pays the rent; after a period of time established in the contract, the tenant can decide whether to purchase the property, deducting only a portion of the rent already paid from the price. It is divided into two phases (of which only one is optional):
  • the first is that of the concession of the use of the property [i.e. the lease];
  • the second is the transfer of ownership of the property from the grantor [owner] to the tenant and is only possible: the norm, Indeed, It does not provide for a mutual obligation of the parties to conclude the deed of sale, does not even provide that the transfer of the property occurs automatically at the end of the period of use [lease]; instead, the law recognizes the tenant's right to purchase.

The canon

The contract must specify the two different components that make up the rent to be paid: the one intended to pay for the use [rental fee] and the one to be charged to the sale price in the event that the tenant decides to exercise his right to purchase.

Therefore, a monthly purchase fee will be added to the monthly rent. An example of a monthly rental fee might be €500.00 and a purchase fee of €500.00, resulting in a total monthly rent of €1,000.00.

What type of property can it be applied to? 

The contract of rent to buy It can be stipulated for any type of property: residential, commercial, productive, office, and even land.

The importance of transcription 

The transcription of the rent to buy According to the law, it produces a double effect, in relation to the two "phases" into which it is divided:

  • an effect of opposability to third parties, with regard to the granting of use;
  • a reservation effect similar to that produced by the transcription of a preliminary contract with regard to the obligation of the grantor to transfer ownership of the property in the event of the exercise of the right to purchase by the tenant.
  • In this way, full protection is guaranteed to the tenant, allowing him to acquire the property in the "legal state" in which it was found at the time of signing the contract. rent to buy, and at the same time neutralizing any prejudicial transcriptions or registrations subsequent to the transcription of the contract.

The transcription of the rent to buy It guarantees specific protection to the tenant even in the event of non-fulfilment by the lessor.

Taking over the position of conductor

The rent to buy It can also be stipulated using the model of the contract for a person to be nominated, which gives the tenant the right to replace himself with another person who assumes the rights and obligations arising from the contract.

If the tenant is in default

In case of failure by the tenant to comply with the obligations assumed by him upon entering into a rent to buy (including the obligation to pay the fee), the grantor may, at his discretion:

  • initiate a forced execution procedure on the tenant's assets (art. 2910 of the Civil Code) in order to obtain what is owed to him;
  • request specific performance (Article 2931 of the Civil Code) in the event that the tenant's failure to perform concerns an "obligation to perform," such as ensuring routine maintenance of the property;
  • request the termination of the contract (art. 1453 et seq. of the Civil Code), provided that the breach is not of minor importance.

If the tenant decides not to buy the property

If the tenant decides not to proceed with the purchase, the contract will cease to have any effect upon expiry of the agreed term.

Consequently the grantor [owner] will be entitled to:

  • upon return of the property;
  • to retain the fees paid up to that point for the entire component relating to the use [rental/lease], while it will have to return to the tenant the part of the component to be attributed to the sale price in the amount established in the contract.

The return of the property

In the event of both the tenant's default and the failure to exercise the right to purchase, the lessor has the right to immediate return of the property.

Who pays the taxes related to property ownership?

During the period of occupancy, taxes related to property ownership (such as IMU) are paid by the owner, as is the case with rental agreements. TASI, on the other hand, is paid in part by the owner and the tenant, according to percentages set by each municipality. TARI (waste tax) is paid by the tenant, who, as the owner of the property, uses the waste collection service.

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