The notary works for the state, and its his job to make sure that the sale or purchase is legal. Having said that, there are good and bad notaries – good ones will make sure that all the paperwork is in order. Bad ones will let most things pass, and sometimes will take a envelope stuffed full of cash to look in the other direction. However, for a sale to be legal a notary should:
- Check the ownership of the property, going through previous acts of sale, successions, donations to make sure that the seller actually has the right to sell the property
- Make sure that the land registry documents match up with the documents held at the comune
- Check that there is no debt or lien on the property
- Make sure that the documentation necessary for a sale is all there
- Ascertain that the parties know what they are signing, asking for a translator or a Power of Attorney if necessary
- Pay the taxes due on the sale once the buyer has paid them
- Make sure that all the money being paid is traceable and abides by the money laundering laws.
- Register the sale at the tax office and the Conservatoria dei beni immobili and notify the Catasto of the changes in ownership.
However, remember that the notary has not seen the property and cannot certify it – he is reliant on checks by the parties and the agent to make sure that the property that is being sold matches the property on the documents. This is especially important as regards the plans of the property which should match exactly the state of the property on that day. Any difformity in the plans becomes the buyers problem once the act is signed.
