About Clemente Law Firm
Clemente Law Firm is an Italian Real Estate Law Firm offering independent legal services with a specific focus for cross-border residential and commercial property transactions.
About Clemente Law Firm
Clemente Law Firm is an Italian Real Estate Law Firm offering independent legal services with a specific focus for cross-border residential and commercial property transactions.
We are generally asked to explain the value of hiring the service of a trustworthy English-speaking property Lawyer when buying or selling real estate in Italy.
Basically, a Property Lawyer provides tailor-made legal advice and guidance to buyers and sellers throughout the entire process, aiming to make of it a successful and stress-free experience. In particular, we believe that the essential and distinctive characteristics of a property Lawyer should be:
Indipendence
The Lawyer has to represent the sole very best interest of his client, with no conflict of interest due to any business connection with the counterpart or the Realtor.
Highly Specialised in Property Law
Your Lawyer should have a specific in-depth understanding and experience about the Italian property law and Real Estate industry; this is a crucial aspect to maximize the terms and conditions of the deal.
English Speaking
So to be able to fully understand the client concerns (knocking down the language and business culture barriers) and inform accordingly.
Trust
It is of crucial importance to build a direct, transparent and personal relation between the Lawyer and each single client.
What a Property Lawyer does?
Property purchase main activities:
— Explaining the property buying process in Italy and providing legal assistance to all subjects involved in terms of the contractual, legal and fiscal aspects.
— Setting up the buying/selling strategy (deal structure) finding tailor made solutions for the specific needs of the client.
— Carrying on the Legal Due Diligence (LDD) on the client behalf; in particular the Lawyer will take the care of all the legal checks of the relevant documentation of the property (title search, mortgage inspections, building compliance, etc.) ensuring there are no obstacles to transfer the ownership right of the property.
— Drawing up as well as/Reviewing the Proposal of Purchase and eventual counter proposals; once the latter approved, drawing up/reviewing the Preliminary Contract and any binding/ancillary contractual documents.
— Managing the process up to final closing, making sure that all the contractual conditions agreed in the preliminary agreement would be fully respected.
— Keeping the client constantly and timely informed (Reporting Activity) every step of the way.
— Informing about the property transfer Tax Planning (taking into consideration the relevant Family Law implications).
— Reviewing the Deed of Sale and any “side private agreement” involved in the transaction.
— Executing the Notarial contracts (i.e. Deed of Sale) on the client behalf based on a Limited Power of Attorney (Proxy Services).
What a Property Lawyer does?
Property purchase main activities:
— Explaining the property buying process in Italy and providing legal assistance to all subjects involved in terms of the contractual, legal and fiscal aspects.
— Setting up the buying/selling strategy (deal structure) finding tailor made solutions for the specific needs of the client.
— Carrying on the Legal Due Diligence (LDD) on the client behalf; in particular the Lawyer will take the care of all the legal checks of the relevant documentation of the property (title search, mortgage inspections, building compliance, etc.) ensuring there are no obstacles to transfer the ownership right of the property.
— Drawing up as well as/Reviewing the Proposal of Purchase and eventual counter proposals; once the latter approved, drawing up/reviewing the Preliminary Contract and any binding/ancillary contractual documents.
— Managing the process up to final closing, making sure that all the contractual conditions agreed in the preliminary agreement would be fully respected.
— Keeping the client constantly and timely informed (Reporting Activity) every step of the way.
— Informing about the property transfer Tax Planning (taking into consideration the relevant Family Law implications).
— Reviewing the Deed of Sale and any “side private agreement” involved in the transaction.
— Executing the Notarial contracts (i.e. Deed of Sale) on the client behalf based on a Limited Power of Attorney (Proxy Services).
– Other Legal services
Other relevant professional activities provided by Clemente Law Firm not strictly related to the property purchase (transfer of the ownership right), but still pertinent with a Real Estate investment are:
Drafting / Reviewing of bespoke Building / Renovation Agreement (Construction Law)
Drafting of bespoke Escrow agreement / NDA / LoI / pre-contractual agreements
Drafting / Reviewing of Lease Agreement (Short / medium / long term – Residential / Commercial / Land)
Company transfer
Drafting / Reviewing of Hosting Agreement
Setting up of Italian companies
Drafting / Reviewing of Loan / Mortgage Agreement
Trust / wills / Estate Planning
– Other Legal services
Other relevant professional activities provided by Clemente Law Firm not strictly related to the property purchase (transfer of the ownership right), but still pertinent with a Real Estate investment are:
Drafting / Reviewing of bespoke Building / Renovation Agreement (Construction Law)
Drafting of bespoke Escrow agreement / NDA / LoI / pre-contractual agreements
Drafting / Reviewing of Lease Agreement (Short / medium / long term – Residential / Commercial / Land)
Company transfer
Drafting / Reviewing of Hosting Agreement
Setting up of Italian companies
Drafting / Reviewing of Loan / Mortgage Agreement
Trust / wills / Estate Planning
Latest NEWS and MARKET INSIGHT
Expert Articles on buying, selling, renting and renovating property in Italy.
Power of Attorney (Procura) is a legal document allowing the “principal” to bestow certain powers/faculties to the “Attorney/Proxy”, to act on the principal’s behalf. This document states exactly the powers and the limits the principal gives to the attorney; when granted for specific tasks and limited powers for the Attorney this instrument [...]
Entering into a real estate renovation/building agreement might be an unpleasant experience for those who are not properly informed about the legal implications (Rights and Obligations) referable to each contractual part. Whether there are issues with incorrect execution of works, deviations from the agreed project or presence of defective materials, a professionally [...]
When it comes to buy property in Italy Legal Due Diligence represents the necessary and very first initial step to do in order to avoid unpleasant surprises before any offer to purchase is placed in. Hiring the service of a trustworthy Italian Lawyer providing independent legal advises is certainly the [...]
