Real estate news

In the current emergency situation, would it be possible to buy a house with a procedure that is 100% online to remedy any possibility of physical contact and possible contagion?

First of all, it is important to know if the real estate transcripts of the deed of sale are currently stopped

The transcriptions have remained stopped only in Lombardy as the conservatories are gradually reopening these days. In Friuli Venezia Giulia and in particular in Trieste, since the land register office is temporarily closed or better to say operational only for emergencies, only urgent acts are stipulated. This is because the notary is a public official required to perform his activity whatever the circumstances, as required by the Notarial Law. The function of the notary is a guarantee of legality which must be ensured in the interest of citizens and the state both in ordinary moments and in exceptional and unexpected moments like this.

Is it possible today, given the exceptional situation, to buy a house 100% online?

Our real estate agency performs all cadastral and land registry checks before placing a property on the market. This allows us to guarantee the future buyer that there are no slopes on the house he is about to buy and also allows us to check that there are no illegal building situations.

Therefore, if the property is perfectly adequate to be bought and sold, there may be the possibility of a 100% online purchase.

What are the tips for citizens to follow?

Considering the general restriction on mobility allowed only for proven situations of need, work needs or for health reasons, the notary invites citizens to contact their notary to evaluate whether the planned deed can be postponed or to report - through written request - the need or urgency.

In cases where it is necessary to proceed with the signing of the notarial deed, it is imperative to take into account the indications provided by the DPCM relating to the "dimensions and characteristics of the places, such as to ensure that visitors can respect the distance between them of at least one meter.

What is the difference between a deed to be done immediately and a deferred one?

Discrimination is represented by urgency, the assessment of which depends on each case. For example, if the bank is not available to extend the terms for taking out a mortgage, if the parties can lose the tax benefits deriving from a sale, if a will is needed; obviously it takes common sense from all parties involved. We do not stop the exercise of the public function but, in concrete terms, we manage our business by reconciling, as we are used to doing, the client's individual interest with the general interest, which today requires us to take into account, in particular, the right to health and the collective interest in limiting the movement of people and opportunities for meetings.

Did the National Council of Notaries give indications for notarial studies?

In this period of medical emergency, the National Council of Notaries has issued notaries with indications for the management of studies and the provision of services to citizens, in compliance with the limitations imposed to counter the spread of the COVID-19 virus.

Specifically, he invited individual studies to:

Report to the parties to go to their office without unnecessary escorts, respecting schedules, without excessive advances, respecting the safety distances in the waiting rooms and any other study environment and adapting to the safety requirements adopted by the study (use of dispenser hygienic, disposable gloves and protective masks).

Encourage the use of special powers of attorney, to avoid displacements from one Municipality to another, also by admitting powers of attorney issued to their collaborators in application of the principles of the code of ethics that legitimize this type of case in cases of exceptional circumstances.

Where authenticated private writing is used, remember the possibility of proceeding with double or multiple authentication by multiple notaries where the parties reside in different cities.

Request the exchange of documentation in digital format, limiting as much as possible the physical delivery of paper documents destined for the office file.

Carry out the interviews of which it is requested through telephone or computer tools, limiting direct personal contact only to cases of necessity and in any case reducing the direct exchange of paper documents to the minimum.

In the open notary offices, the presence of staff is reduced to a minimum, according to the indications contained in the DPCM, who will mostly have to operate in "smart working" mode.