Liability Of The Real Estate Agent In Italy
The above legislation provides important safeguards for the consumer to request that real estate agents must have adequate insurance coverage in order to practice their profession.
Such an insurance policy should cover cases of professional negligence.
Under section 1759 of the Italian Civil Code, real estate agent must inform the parties about the circumstances of his knowledge concerning the safety of the transaction.
As a result, although real estate agent can not be accused of technical and legal research relating to property that may have an impact on the transaction (legal due diligence), he nevertheless charged with responsibilities of information in accordance with the principles of good diligence.The professional real estate agent is therefore obliged to provide information about every circumstance in their knowledge or that he simply should have known, in accordance with the normal professional diligence.
Bad or verified information, it would not be inadmissible under law.Lack compliance with this principle could lead to contractual liability, as well as the right to demand the return of the consumer commission.
In special cases, consumers may also be entitled to claim compensation for damages.
If the guilty silence of the real estate agent induced consumers to complete the contract in different terms than he would have been if it had been duly informed, real estate agent can be responsible to pay the difference.
According to Article 1755 Civil Code, if the deal is closed, thanks to his intervention, real estate agent is entitled to receive commissions from both sides. That right may be already upon signing a preliminary contract if the contract thatsuch completion of all necessary elements.In to have the right to commit real estate agent must play a decisive role in mobilizing transaction.Simply lead prospective buyer, without performing any other tasks, not enough To be eligible for such right.The law does not provide for the cost of commissions, so it can be freely agreed upon by the parties. It is always advisable to agree a commission in writing.
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