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IMMIGRATION

Uproar as Padua woman hosts migrants for free

Thousands of Padua residents have signed a petition to evict six migrants from a house where they’ve been hosted for free.

Published: 11 May 2015 12:40 CEST
Uproar as Padua woman hosts migrants for free
Padua's mayor has cracked down on people illegally housing migrants in private property. Photo: Mahmud Turkia/AFP

The petition comes amid a crackdown by Massimo Bitonci, mayor of Padua and member of the far-right anti-immigrant Northern League party, on tenants hosting migrants in private properties.

Three thousand people have so far put their names to the petition to evict the six migrants, who moved into the city centre property that is rented by the woman, called Patrizia, last month TGcom24 reported.

Fabrizio Boron, a Northern League councillor who organized the petition, said “there is no guarantee that they’re not terrorists”.

The rental contract for the property expires on July 31st and Patrizia is reported to have fled the city and left the matter with her brother to deal with, TGcom said.

Her brother, who reportedly works for a charity called Percorso Vita, is said to have convinced her to loan the organization the property for free.

The property’s owner was quoted by TGcom as saying: “I’m very upset, I won’t let it happen again.”

Bitonci said that “hosting illegal immigrants in private homes is the wrong choice.”

“People have asked me to intervene because the situation is intolerable,” he added.

Police are due to start checks on homes across the Veneto city, where more than 500 migrants are said to have recently arrived, from Monday, Padova Oggi reported.

In practice, tenants can reach an agreement with social cooperatives to make properties available, but need to comply with health and safety regulations. Anyone caught flouting the rules faces a fine of €500 or more.

For almost a year, 200 migrants have been housed in 40 apartments across the city, Roberto Tuninetti, who works for Coges, a social cooperative, told Corriere del Veneto.

The Veneto and Lombardy regions refused a request from the Italian government in April to find emergency housing for the country’s migrant influx.

The call came after a surge in attempted illegal crossings from the coast of north Africa saw nearly 8,500 migrants rescued in one weekend, reigniting a debate in Italy over whether or not the country has a duty to house all new arrivals.

More than 1,000 migrants died while attempting the crossing within one week in April after their boats capsized. 

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PROPERTY

Five expensive mistakes to avoid when buying a house in Italy

Italy may be known for property bargains, but the purchase process itself isn't cheap - and certain mistakes can make it far more costly for buyers.

Published: 27 June 2024 11:05 CEST
Five expensive mistakes to avoid when buying a house in Italy

There’s always a lot to keep in mind when buying property, but the Italian purchase process may be quite different to what you’re used to in your home country.

As well as involving high taxes and fees, it’s likely to be more complex and formal in some ways – and this can lead to potentially costly pitfalls.

The Local spoke to three Italian property law experts at legal firm Mazzeschi to find out what foreign buyers should be aware of before they sign anything. 

1) Check your estate agent’s contract

If you use a real estate agency in your Italian home search, normally you’ll need to sign a contract with them. That contract should stipulate their fees, their duties, and their tax information.

There is one other thing in the contract which potential buyers must look out for: an exclusivity clause, meaning the potential buyer may use only that estate agent in their property search for a set period of time.

“Usually in Italy estate agents like using this exclusivity clause. It is normally the same for sellers as it is for buyers. It means you cannot have another estate agent and usually contracts say this, “says Caterina De Carolis, Lawyer at Mazzeschi.

READ ALSO: How to avoid hidden traps when buying old property in Italy

“If the time frame is not yet up, and the potential buyer uses another agency, they may still be liable to pay the agency fee for the initial estate agent they entered their contract with,” she adds.

Some contracts might not have an exclusivity clause. It’s always worth double-checking.

“If you use another agency to find a house, you’ll be liable to pay the agency with the exclusivity clause in the contract around 2-5 percent of the house’s sale price,” says De Carolis.

“The exact percentage is always in the contract.”

2) Make sure to agree on a price beforehand

This rule is universal, and may sound obvious. But there are costly consequences in Italy if the price is not formally agreed and written down.

Lawyers at consultancy firm Mazzeschi urge their clients to make sure the full price of the property is declared in the transfer deed (l’atto di trasferimento).

This is because if you resell at a market price higher than your purchase price, you are subject to pay a capital gains tax called plusvalenza. Plusvalenza is the difference between purchase and sale price.

Checking the price of the property beforehand will save you in the long run. Photo by Kirill KUDRYAVTSEV / AFP.

3) Don’t change your mind – it will cost you

If the potential buyer has signed a binding proposal (proposta vincolante) – the process before a preliminary contract is drawn up – it becomes less straightforward to withdraw from the purchase.

“This is because the binding proposal in Italy is a lot more formal,” says Mario Mazzeschi, Head of and Attorney at Law of Mazzeschi Consultancy. 

The binding proposal works similarly to an offer. When the potential buyer puts forth their offer, the potential seller decides whether or not to accept. The period of time for this part depends on the proposal drawn up.

READ MORE: Five things non-residents need to know about buying property in Italy

If, before the time is up, the potential buyer decides to withdraw their offer for any reason, they will likely lose their deposit.

“This deposit is usually around 5-10 percent in most cases, so the buyer will have to pay that,” says De Carolis.

“If the buyer decides to withdraw, they are usually liable to pay the seller twice the amount of the deposit.”

If the proposal is not accepted by the potential seller, the potential buyer pays nothing.

4) Don’t pay anything before the preliminary contract is signed

With the exception of the above, buyers are advised not to pay anything until the preliminary contract is signed. The preliminary contract allows both parties to set out clear guidelines.

“The buyer should check with a lawyer before signing the preliminary contract as it will save them in the long run,” says Mazzeschi.

A notary should be present at this signing, adds Giuditta De Ricco, Lawyer at Mazzeschi Consultancy.

“Notaries are public functionaries. They are never on the side of the buyer or the seller, but for sure a notary is needed.”

“They are completely neutral and often it is wiser and safer for the potential buyer to put their deposit into the notary’s escrow account so the notary can transfer the money to the potential buyer.” 

5) Have the property checked beforehand

While the notary will normally check the paperwork before the sale goes through, you’ll need a different professional to check the property itself.

It may then be in the buyer’s best interest to hire a contractor themselves (this will normally be a qualified geometra, or surveyor) to get the structure of the building checked out and detail any faults or repair work needed.

This should be done before the negotiation stage, as unless there is something specific in the preliminary contract you may lose anything you have paid by pulling out of the purchase at this stage.

“The only way out of this after signing a contract is if you can prove the seller acted maliciously,” says Mazzeschi.

Key vocabulary

Transfer deed – l’atto di trasferimento

Binding proposal – proposta vincolante

Notary – notaio

Preliminary contract – contratto preliminare di vendita

Final contract – atto di vendita or rogito notarile

Deposit – caparra

Surveyor – geometra

Estate agent – agente immobiliare 

Please note that The Local cannot advise on individual cases. For more information about how you can buy property in Italy, contact a qualified professional. 

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