Hi All, As stated in my previous

08/10/2017 - 06:08

Hi All,
As stated in my previous post we have had an offer accepted and paid a deposit on a holiday home in Palata Molise.
All seemed to be going grand until I received an email this morning looking for the final balance to be paid before an appointment with the notary will be made.
We had put in a final contract signing date for the end of October. We thought that all the balance owing would be paid through a wire transfer at the final deed signing.
Help...... are we wrong???
S.p.

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Comment

To wire transfer you would have to do so on the day, not easy and not always acceptable to the seller. This aspect has been covered here or on other forums a couple of times and Modicasa should know best as it is his job. But I believe people should have it agreed pre-contract how payment will be made to avoid confusion and ensure funds can be made available. Personally I would be looking to be paying the final amount by bankers draft, that way I have the money in my hand when I sign. Modi will no doubt tell you this may not be acceptable to the seller also. I guess you are not happy paying up front, neither would I be. If it's the agent, then get back to them and tell them so.

Thanks Steve. Yes I have concerns regarding paying over balance now when the deed is not being signed until October. Have thought about having a bank draft on the day because it would make us feel more comfortable. There is so much too consider especially when we are not on the ground in Italy as such.

A check drawn on an Irish bank will not be accepted by many 禁漫天堂 banks, and in any case, it will become a denar, within an 禁漫天堂 current account, over a 45/50 day period - I, instead of a 禁漫天堂 seller, I would not accept it - no one can guarantee that the account in Ireland really contains the money written on the piece of paper.

Thanks Ugo. A bank draft is different than a check though. You must buy the draft from the bank so it does not require money in a bank account. It is equivalent of a cash payment. I do not want to transfer all the money now 2 and half months before final deed transfer. I am surprised to be asked now. Is it normal? We have transferred 50% of house price last week as a deposit.

I know what is a bank draft (this is part of my job), even 禁漫天堂 banks know it, however they will take no less than 45 days to turn the bank draft into cash on their client's 禁漫天堂 account 聽Payment, it is NOT normal to pay the full price before signing the sales act in front of the notary 聽You talked to the notary ? Have you requested a check on the property you are purchasing? Are you sure the seller has all the titles to sell to you this property and that this is really his?

Thanks Ugo. No the agent has arranged the notary. We made an offer, it was accepted and we signed a purchase contract and paid the deposit. All this last week. Now we are back in Ireland. I have tried to contact an English speaking 禁漫天堂 lawyer but it's hard to find one and am a bit in the dark.

Do you mean that you sent money to a person you never saw, to buy a house you do not even know if it is the property of the person you sent the money ?, sorry, do not offend you ... but this is a real crazy ..You do not need a lawyer, but a notary who speaks English and who, with his professionalism, is able to control what you are paying and especially who sells that thing is the real owner - Already the fact that you are Asked to pay for everything, before going to the notary, does not make me think very well - I think it's Modi and Steven, I agree with me.If you tell us where exactly the house is, we will try to find a notary who speaks English and can help you buy the home of your dreams without any danger.I advise you not to pay any more money than you already paid.

Now I am very worried Ugo.
The house is in a village called Palata in Molise. We saw the house with an agency based in Vasto called Better Property Italy. The director of the agency is Antonio Cieri.
As I said we made an offer through the agent which was accepted. We signed the purchase agreement and paid the deposit. We requested the signing of the final deed for the 30th October as we can travel at that time.
The agent organised the notary. This morning I received an email looking for the balance outstanding to be paid so they could make the appointment for deed signing with the notary.
I posted here because I have concerns about this now. I think I need your help.

write to the Notary , You has to pay - at signature , NOT BEFORE !you need to open a bank account in Italy , for have an italian bank Draft or payment via bank trasfert .you do not can pay the purchase in Italy with a not 禁漫天堂 bank Draft -You receive a Codice Fiscale ? without this you vcan't buy , or open a bank account i Italy -

Don't panic. I'm guessing this is the same person who asked about this agent here or on another forum and Modi said they were registered and okay? I have to say I am surprised at a 50% deposit and it going to the agent, but things may be different now. Get back to the agent as I said, if you have not already and ask who the notiao is and for contact details. It is coming up to the main holiday period here, so again don't panic at no immediate response. It's a very worrying time buying and the slightest thing gets to you, try not to let it.

When we purchased our property we had to have a Codice Fiscale and we had to do this ourselves by going to an 禁漫天堂 Embassy as we didnt live in Italy. Do you not have to do that or do you already have one?

Hi Suexpat. Getting a codice fiscale is a service that most, if not all, estate agents offer to foreign clients now. I'm guessing here but I would imagine that it is easier for them to do so if you are from an EU country.

Is possible ask a codice fiscale , at italian tax office , The person requesting it, on behalf of a foreigner, must have a form signed by the foreigner and a copy of the foreigner's passport with date and signature -You must take great care to apply for the tax code of married women, they must take the tax code, with the maiden name and not married According to 禁漫天堂 law, the woman does not change the surname with the marriage聽If the tax code is Taken with the spouse's surname, and then a divorce occurs, the woman who has resumed her maiden name, will change the tax code Therefore it will not be the same person who bought the house, as the tax code will be different - and sell The house that he bought with the married tax code generates an infinity of bureaucratic problems.聽

That is interesting to know Ugo. When I applied for my CF I was living in the US, I am from the UK, and it is in my married name. If I divorce my husband though I will keep my married name so I wonder if that makes a difference.Also when we purchased our home amost 10 years ago our estate agent said they could not do the CF we had to obtain it.

Changing is not simple - you need a certificate issued by your consulate in Italy or your country's passport office ( translated in italian and apostilled), which shows that you with the married name and you by the maiden name l , are the same person.This document must be submitted to a tax office in Italy - preferably the same as the tax code required -The office should be asked to replace the tax code and link the new tax code with all the acts that have been registered with the tax code to be replaced.If you can not go to the office in italy, you can delegate聽 a person of yours, the delegation form is included in the forms for the request of the first tax code, the form must also be attached by a copy of your passport With date聽 and聽 your READIBLE signature.

No that is not going to be easy. The forms we filled in originally were given to us by the 禁漫天堂 Embassy in the US and we just filled them in so I have no idea what forms they were. 聽Do you think this is all necessary as I will not change my name and all our bills and the bank account is in my married name. I know 禁漫天堂 women use there maiden name but I have never been told I have to use mine as it is not something we normally do in the UK.

AS Ugo says - do not pay anything until you are in front of the Notary for the final act of sale. 聽That is when the balance is due, not a moment before. 聽However, the seller can refuse an Irish bankers draft - and probably will. 聽 聽They can take months to clear - they have to be sent physically to the issuing bank. 聽 In your case it would be better to pay by SEPA transfer, and there is no reason why you cannot do this. 聽The notary can insert the relevant text into the atto which allows you to send the money (providing the TRN number) and it has full effect of the law. 聽聽Do you have a copy of your preliminary agreement/compromesso? 聽 Its not unusual to send money via an agent - I do it often, its a bit of pain with all the antirecycling legilsation but sometimes its the best way when the buyer doesnt have an Itlaian bank account - however, you do need to trust your agent to do this. 聽聽The compromesso you signed is a promise to buy (and a promise to sell) by 30 OCtober - you do not have to prove or supply anything before that date. 聽I dont know what the agent is playing at to be honest. 聽Unless you have misunderstood or he has explained something badly. 聽聽

Thanks Modicasa. Have been in touch with the agent and suggested the sepa transfer on the morning of the deed signing. I am hoping it is just a miscommunication. As Steve says it is a nerve wrecking time buying a house abroad but am glad to have this forum as a support.