Discovery of Urban Planning Irregularities After the Deed of Sale
The purchase of a home often represents the most significant investment of one's life, a moment that should be characterized by peace of mind and future planning. However, it is not uncommon for the buyer, after the execution of the notarial deed, to be faced with a reality very different from what was presented: the presence of building code violations, cadastral discrepancies, or lack of habitability that were not disclosed. This situation generates not only immediate financial damage, linked to the costs necessary for regularization or the decrease in the property's value, but also profound frustration. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci perfectly understands the state of mind of those who feel their trust has been betrayed and offers targeted legal support to restore contractual balance and obtain fair compensation.
The Regulatory Framework: Hidden Defects and Aliud Pro Alio
Under our legal system, the seller is obliged to guarantee that the property sold is free from defects that render it unfit for its intended use or that significantly diminish its value. When undisclosed building code violations are discovered in the preliminary contract or the deed of sale, one often encounters two distinct legal scenarios. The first concerns so-called hidden defects, i.e., flaws unknown to or not easily recognizable by the buyer at the time of purchase, which allow for action to reduce the price or terminate the contract. The second, more serious scenario, is the sale of aliud pro alio, which occurs when the delivered property is completely different from what was agreed upon, for example, a property lacking habitability and not rectifiable. In these cases, the law offers strong protections to the buyer, allowing them to claim full compensation for damages suffered.
The Approach of Studio Legale Bianucci in Real Estate Disputes
Addressing a dispute over urban planning discrepancies requires a strategy that combines legal and technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, always begins with an in-depth preliminary analysis of the technical documentation, often in collaboration with trusted experts, to quantify the exact extent of the violation and its rectifiability. The primary objective of Studio Legale Bianucci is not necessarily to initiate a lengthy civil lawsuit, but to first seek an out-of-court solution that guarantees the client the best outcome in the shortest possible time. This can translate into requesting the seller to cover the full costs of regularization or renegotiating the sale price with a refund of the difference. If an amicable resolution is not feasible, the firm is prepared to take legal action firmly to protect the client's assets.
Frequently Asked Questions
What are the time limits for reporting property defects?
The time limits for forfeiture and prescription are very strict and rigorous. Generally, the buyer has the burden of reporting defects to the seller within eight days of discovery. Legal action, however, is time-barred one year from the delivery of the property. Nevertheless, if a case of aliud pro alio, i.e., the delivery of a fundamentally different property (such as an unrectifiable illegal structure), is established, the ordinary prescription periods extend to ten years. It is crucial to consult a lawyer promptly to avoid losing one's rights.
Can I claim compensation even if the seller acted in good faith?
Yes, the warranty for defects of the sold item operates objectively, regardless of the seller's fault. Even if the previous owner was unaware of the violation (perhaps inherited from previous management), they remain liable to the buyer for the discrepancies present at the time of the deed. The seller's good faith does not eliminate the financial damage suffered by the buyer, who is therefore entitled to protection.
Is the notary liable if they did not detect the building violation?
The notary's role is to ensure the legal validity of the transfer and verify mortgage and cadastral conformity based on the parties' declarations. However, the notary is not obligated to conduct on-site technical inspections to verify the correspondence between the actual state and the filed plans. The primary responsibility for building discrepancies lies with the seller, who declares urban planning conformity in the deed. The notary's liability can only arise in specific cases of evident professional negligence concerning the available documents.
What happens if the violation cannot be rectified?
If the identified irregularity cannot be rectified, the property may be considered unmarketable or lacking essential characteristics for residential use. In this scenario, one often encounters the sale of aliud pro alio. The buyer is entitled to request the termination of the contract, which involves returning the property to the seller and receiving the full purchase price paid, plus compensation for all damages suffered, including notary fees, agency fees, and any moving or renovation expenses.
Protect Your Real Estate Investment
Discovering structural or administrative problems after purchasing a home is a complex situation, but you are not without recourse. If you have found discrepancies or violations in your new property, it is essential to act quickly to avoid forfeiture. Contact Avv. Marco Bianucci for an evaluation of your case. As an expert lawyer in compensation for damages in Milan, he will be able to guide you on the most effective path to obtain justice and recover the value of your investment.