Real estate due diligence is the professional review of all legal, registry, tax, and administrative documentation of a property before closing the transaction. It is the best preventive investment a buyer can make: it detects in time problems that, once the notarial deed is signed, can cost years of litigation or serious financial losses.
In transactions of significant value — and in any transaction with a prudent buyer — due diligence is not optional. It is the difference between purchasing a clean asset and inheriting someone else's problems.
Analysis of the chain of property transfers for at least 20 years. Verification of the legitimacy of each act, identification of potential defects (incomplete successions, flawed sales, questionable donations). Typically performed by the intervening notary; we review and supplement as needed.
Confirms who the registered owner is, what encumbrances exist on the property (mortgages, attachments/levies, other property rights), and whether restrictions exist (easements, expropriations, family home designations).
Verifies that the seller is not legally restricted from disposing of their assets. An inhibition on either party can derail the transaction.
Verification of payment of ABL/ARBA, maintenance fees (under horizontal property), water, electricity, gas. Debts typically follow the property (propter rem) and may affect the buyer.
Verification of survey, zoning, permitted use, building restrictions, and existence of undeclared or unapproved works. Critical for properties with extensions, sheds, pools, etc.
Search for files in municipalities, AGIP/ARBA, civil defense, ministries. Detection of pending lawsuits involving the property (party wall disputes, expropriation, consumer defense).
In transactions of significant value and with corporate sellers, verification of the seller's tax status to anticipate withholding obligations.