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THE ROLE OF THE ATTORNEY IN THE SALE OF A PROPERTY IN ITALY

The role of the italian lawyer

The lawyer in Italy is a professional who, in possession of the requirements of the law, is authorized to represent, assist and defend a party in a process and to provide legal assistance and advice, even outside of a judicial proceeding.

The legal profession in the country is divided into several, large branches: civil law, criminal law and administrative cases, depending on the nature of the dispute and the rights involved in a process.

To be able to practice as a lawyer, in addition to being in possession of Law degree awarded after successful completion of a university course lasting not less than four years, one must have passed a professional practice exam. To support this requirement, and so have access to the exam, however, it is necessary a period of practice with a lawyer before.

In the sale of a property in Italy, a lawyer plays a very important role: to verify that the seller is entitled to actually sell the property and that the buyer, in turn, may lawfully purchase it. For example, the lawyer, through his consulting services, checks the seller’s full ownership, control and availability of the property seller as well as its complete freedom from mortgages, foreclosures and all other types of constraints or limitations.

Not always, in fact, the owner of a property may sell it when and how he wants and so not all individuals can freely become buyers: it can happen that there are constraints or limitations that prevent its sale or purchase only after completing a series of formalities.

The lawyer, lastly, recommend the buyer to the best, with regards to the tax profile, suggesting the more advantageous solutions.

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