Buying a Property in Italy? with Rent-to-Buy it’s easier!
Have you ever heard about the possibility of buying a property in Italy just for a period of time? You’ll probably say “Yes, it’s a rental contract!“.
You’re right, but what you could probably ignore is the new Italian Rent- to-Buy contract.
As we’ll see in a while, this formula is particular interesting if you have no idea if at the moment is it better to rent or buy.
Rent-to-Buy is a particular kind of contract, introduced by D.L. 133/2014 (also known as “Sblocca Italia decree”), that in the aim of the Italian Government could have a direct and positive impact in the real estate market.
Rent-to-Buy, that is not so different from Lease to Own contract, is a hybrid contract, halfway between sale and lease. The landlord delivered the property to the tenant in exchange for a fee (such as location). At the end of a predetermined period of time, not exceeding 10 years, the tenant has the right (not the obligation) to purchase the property, serving the pre-agreed price a portion of the fees already paid.
With Rent-to-Buy you can buy any type of real estate, apartments, commercial properties or even lands.
Besides giving tenant the possibility to purchase the property at an established price by a certain date, D.L. 133/2014 also provides that Rent-to-Buy contract must be transcribed at the Land Agency – Real Estate Advertising Service (Conservatoria dei Registri Immobiliari).
This is a really strong protection for tenants because transcription is aimed at protecting the future buyers. In fact, it avoids the danger of prejudicial formalities (sale to others, mortgages, distraints…) that could be transcribed or registered before the final contract. Over more, transcription protects the buyer in the case of the bankruptcy of the seller.
In order to establish the exact taxations and every single fiscal aspect of Rent-to-Buy is important to consider if the landlord-future seller is a private individual or a company and then examine the Italian taxation of land property purchases (after D.L. 104/2013).
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