Real Estate Judicial Auctions in Italy – Key Points

In Italy, real estate judicial auctions are a legal process through which a property is put up for auction and sold to satisfy debts or court-ordered judgments. These auctions are organized and managed by a Court Officer, appointed by the competent court.

Here are some key points regarding real estate judicial auctions in Italy:

• Applicability of Judicial Auctions: Real estate judicial auctions often result from forced executions due to payment defaults, debts, or other legal cases where the property has been seized or foreclosed.
• Publicity of Auctions: Real estate judicial auctions must be adequately, clearly, and transparently advertised to attract potential buyers. Information about the auction is usually published in the Official Gazette and other media, as well as on the website of the relevant court.
• Inspection of Documentation: Before participating in the auction, potential buyers must carefully examine the documentation related to the property in question. This documentation includes the sales decree, appraisals, any encumbrances or debts on the property, and other relevant information.
• Security Deposit: Participants in the auction are required to deposit a security guarantee, which varies based on the property’s value and the specific rules of the relevant court. This deposit ensures the seriousness of the bids submitted and is refunded to the unsuccessful bidders or credited towards the purchase if the bidder wins the auction.
• Bidding at the Auction: The auction can take place through “sealed-bid” or “open-bid” methods. In the sealed-bid method, the property is immediately awarded to the bidder who has submitted the highest closed bid. In the open-bid method, participants present progressive bids during the auction, and the auction ends when there are no more bids.
• Property Allocation: If a satisfactory bid is presented and accepted, the property is awarded to the winning bidder. The successful bidder is required to pay the agreed-upon amount within the specified timeframe set by the Court.
• Transfer Deed: After receiving the full payment, the Court issues a transfer deed for the property in favour of the buyer, officially making them the new owner of the property.

Pros and Cons of Purchasing Property at Auction

The primary advantage of purchasing property at auction is that, in general, the sale price is lower than the market value in a regular transaction, making it more cost-effective.

Additionally, the judicial transfer decree, known as the “Decreto di Trasferimento,” has absolute legal validity in Italy, providing security in the transaction.

However, there are some limitations and disadvantages to consider when buying property at auction compared to the free market. One significant drawback is that the property may not be fully compliant from a building, urban planning, and cadastral perspective, and the costs and burden of any necessary regularization may fall on the buyer. Although the law grants the buyer a 120-day period to remedy these issues, there is still a risk that the property may be partially or entirely irregular and irredeemable.

Furthermore, in the case of occupied properties, although they may be significantly cheaper than their market value when vacant, there are risks of extended possession timelines, especially when the occupants belong to vulnerable groups (families with children, elderly individuals, people with disabilities, etc.).

Lastly, it’s important to note that, in addition to the final price, all regular taxes and fees applicable to a real estate transaction must be paid. Purchasing from a court does not entail any tax advantage, as the taxation regime is the same as when buying a property directly from a private seller or through an intermediary.

In summary, real estate judicial auctions can offer an opportunity to acquire properties at attractive prices, but it is essential to be well-informed and conduct a thorough evaluation of the property and auction conditions before participating.

For these reasons, it is always advisable to conduct thorough research and seek assistance from a real estate consultant throughout the procedure, from evaluation to potential acquisition and in handling the complex technical and bureaucratic formalities.

While waiting for the next judicial auctions, feel free to contact Agedi group for any additional information.