South east Sicily is only 40 miles from Malta, but is definitely ITalian. The weather round Noto/Siracusa is excellent, winter is short - a month at most. But it can get humid at sea level, so best to be inland a bit. Its further south than Tunis so good weather 300 sunny days a year. Cant fault the climate, the food or the people. Bureucracy is another matter.
The Italian system in not like the American system. A mandate for sale is given to an agency, many agencies still insist on an exclusive contract. Whether that agency decides to collaborate with another agency is up to them - obviously most dont as they want to earn the commission from both sides and not split it with another agency. Some agencies work on a non-exlusive contract, so the seller can give mandates to a number of agencies or even sell privately with no penalty. Obviously if you give your house to loads of agencies, and it is all over the internet, the seller will be seen as desperate to sell. Nowadays with the internet, 2 agencies are enough to cover all the possibile client bases. If you go and see a house with one agency and then revisit the same property with a different agency it is considered bad form, but the idea that you can be asked for double the commission is not legally tenable unless you have signed a contract with the first agency. Some agencies ask you to sign a privacy document before you see any properties which may well have a clause allowing them commission in an eventual purchase even if you dont buy through that agency. Read everything carefully. Assuming you are planning to sell, I would ask for a non exclusive contract giving you more freedom to move. Do not sign any sellers mandate which renews in perpetuity, only one renewal by tacit consent is nowadays considered legal. Be aware of the notice period. The agent has a legal right to his commission at point of compromesso, but you can negotiate to pay the agent at final atto, which ensures he will work up until the sale is complete. EVen with an agent the legal obligation to produce the documentation necessary for a sale is yours. A good agent will help you with it, but ultimately it is up to you to make sure the house can be sold.
Water bills are usually a contract between a person and the water company - not a property. As such you are obliged to pay it and will be chased for the money. The new owner is responsibile only for the water used since he is the owner. When you sold you should have gone to the water supplier and terminated your contract, and the new owner should have done the voltura.
Thanks Charlotte, but can I ask - if its an Italian notary in Australia, can he not do it all? (as opposed to an Australian notary who then instructs an Italain notary).
Yes, as a resident and a house owner you are bound to complete and submit a tax return, with the relevant sections completed. You need to find a commercialista who understand the cross border thing. Under the double taxation agreement your salary should be taken care of, but I have more doubt about your dividends which could qualify for tax. You need a commercialista.
Your only option is then to find an Italian notary in Australia who can sort it out. You will need the divorce settlement where you are given the house translating into Italian, and the notary will do the rest. It will cost.
There are no squatters rights under Italian law. You have common walls and roofs, you have to contact him. If you do work without his consent or knowledge he is under no obligation to pay or give consent. you mnow who the owner is, there is no excuse not to send him a lawyers letter.
The cheaper the property the higher the percentage of the price that you will pay in notary fees, taxes etc. As a guide, notaries and estate agents will have a minimum - usually between 1000 and 1500 euros. Tax - minimum you can pay is 1100 plus registration costs. For a house of 15000, the purchase alone will cost at least 3500. you probbaly will find something somwhere - but the word 'habitable' becomes all important. Good luck.
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South east Sicily is only 40 miles from Malta, but is definitely ITalian. The weather round Noto/Siracusa is excellent, winter is short - a month at most. But it can get humid at sea level, so best to be inland a bit. Its further south than Tunis so good weather 300 sunny days a year. Cant fault the climate, the food or the people. Bureucracy is another matter.
The Italian system in not like the American system. A mandate for sale is given to an agency, many agencies still insist on an exclusive contract. Whether that agency decides to collaborate with another agency is up to them - obviously most dont as they want to earn the commission from both sides and not split it with another agency. Some agencies work on a non-exlusive contract, so the seller can give mandates to a number of agencies or even sell privately with no penalty. Obviously if you give your house to loads of agencies, and it is all over the internet, the seller will be seen as desperate to sell. Nowadays with the internet, 2 agencies are enough to cover all the possibile client bases. If you go and see a house with one agency and then revisit the same property with a different agency it is considered bad form, but the idea that you can be asked for double the commission is not legally tenable unless you have signed a contract with the first agency. Some agencies ask you to sign a privacy document before you see any properties which may well have a clause allowing them commission in an eventual purchase even if you dont buy through that agency. Read everything carefully. Assuming you are planning to sell, I would ask for a non exclusive contract giving you more freedom to move. Do not sign any sellers mandate which renews in perpetuity, only one renewal by tacit consent is nowadays considered legal. Be aware of the notice period. The agent has a legal right to his commission at point of compromesso, but you can negotiate to pay the agent at final atto, which ensures he will work up until the sale is complete. EVen with an agent the legal obligation to produce the documentation necessary for a sale is yours. A good agent will help you with it, but ultimately it is up to you to make sure the house can be sold.
Assuming you are resident then you need to transfer the car onto Italian plates immediately, with all that entails.
Water bills are usually a contract between a person and the water company - not a property. As such you are obliged to pay it and will be chased for the money. The new owner is responsibile only for the water used since he is the owner. When you sold you should have gone to the water supplier and terminated your contract, and the new owner should have done the voltura.
thanks Charlotte - thats very clear.
Thanks Charlotte, but can I ask - if its an Italian notary in Australia, can he not do it all? (as opposed to an Australian notary who then instructs an Italain notary).
Yes, as a resident and a house owner you are bound to complete and submit a tax return, with the relevant sections completed. You need to find a commercialista who understand the cross border thing. Under the double taxation agreement your salary should be taken care of, but I have more doubt about your dividends which could qualify for tax. You need a commercialista.
Your only option is then to find an Italian notary in Australia who can sort it out. You will need the divorce settlement where you are given the house translating into Italian, and the notary will do the rest. It will cost.
There are no squatters rights under Italian law. You have common walls and roofs, you have to contact him. If you do work without his consent or knowledge he is under no obligation to pay or give consent. you mnow who the owner is, there is no excuse not to send him a lawyers letter.
The cheaper the property the higher the percentage of the price that you will pay in notary fees, taxes etc. As a guide, notaries and estate agents will have a minimum - usually between 1000 and 1500 euros. Tax - minimum you can pay is 1100 plus registration costs. For a house of 15000, the purchase alone will cost at least 3500. you probbaly will find something somwhere - but the word 'habitable' becomes all important. Good luck.