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Is it possible to sell or buy a house or a company online with the assistance of a Notary?
Yes, it is possible through two platforms: "Avvisi Notarili" and "RAN - Rete Aste Notarili", which can be used by individuals or companies looking to buy a house (or a company) or sell one.
Additionally, the website "Vendite Pubbliche Notarili" manages judicial sales, such as those following foreclosures due to debt or bankruptcy, and the disposal of public assets, such as property allocations by the INPS, Ministries, or other public entities.
How does it work?
An individual or company looking to buy a house (or a company) or sell one can publish a notice of sale on the Avvisi Notarili portal, and subsequently participate in an auction to the highest bidder online by contacting a notary authorized to manage the network (so-called "auctioneer or peripheral notaries", Notary Pulvirenti belongs to this catetory). Real estate ads can then be searched or published, under the guarantee that the properties shown are secure and certified by a Notary, with the possibility of participating in an online auction safely and without traveling.
Is it safe?
Yes, because citizens can rely on the preventive notarial control of the documentation; anyone who purchases a property identified on Avvisi Notarili is protected by transparent information regarding the legal status of the property.
Furthermore, through the connection of notary offices across the national territory, it is possible to participate in auctions online even hundreds of kilometers away from the property.
What role does the notary play in these sales?
The notary serves as a public official capable of ensuring the sales procedure by performing the following checks:
- Extensive mortgage search up to the first title recorded in the previous twenty years;
- Verification of the correct cadastral ownership of the property and the justifying titles of ownership;
- Notification of the existence of any prejudicial inscriptions or transcriptions or other constraints resulting from public records;
- Verification of the urban status of the property through checks carried out by a qualified professional (engineer, architect, surveyor) to ensure that there are no building abuses;
- Checks required by anti-money laundering regulations;
- Certain identification of the parties involved.
How does a private real estate auction work?
The seller contacts the Notary and instructs them to examine the documentation of the property, verify its mortgage, cadastral, and urban status, prepare the notice, the regulations, the offer to the public, and the participation forms.
The notice is prepared, and the offer to the public is signed, in authentic form.
The Notary publishes the auction notice on the Avvisi Notarili portal, which can be managed by telematic or traditional means: the telematic mode allows for the use of a peripheral notary to submit the bid and participate in the auction remotely.
The bidder goes to the Auctioneer Notary (or to an authorized peripheral Notary for the online auction), submits the participation application with a deposit, and signs the acceptance of the offer, conditional on being awarded the lot.
Once the auction is completed, with any bidding, the outcomes may be as follows:
- Deserted auction: the procedure may need to be repeated;
- Auction won at the base price: the auction report, along with the sales offer and the acceptance by the winning bidder, form a regular preliminary sales agreement in notarial form, which is then transcribed;
- Auction won at a residual base price reduction: the auction report documents the bid reduction from the base price; the seller has a deadline to accept or reject the bid below the base price; if accepted, they go to the Notary to formalize the acceptance, and then proceed as in the previous case to transcribe the preliminary agreement.
The deposit remains with the Notary until the final sale as a guarantee for the buyer.
Finally, the final deed is drawn up.
The notarial online auctions are held at the notary's office of the "auctioneer" and the "peripheral" notaries indicated in the auction notice and present throughout the national territory
