The Mediator's Liability
The discovery of defects, building code violations, or mortgages on a newly purchased property can turn a dream into a complex legal and financial problem. When this crucial information is omitted by the real estate agent, whose role is to ensure a transparent transaction, it constitutes clear professional negligence. Italian law imposes on the mediator a precise duty of diligence and correct information. If this duty is not met, causing economic damage, the buyer has the right to take action to obtain fair compensation. Addressing this situation requires a precise understanding of the responsibilities involved and a targeted legal strategy. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci assists clients in asserting their rights against negligent mediators.
The Professional Liability of the Real Estate Mediator
The legal basis for the real estate agent's liability lies primarily in Article 1759 of the Civil Code. This provision establishes that the mediator has the obligation to communicate to the parties all circumstances known to him, relating to the evaluation and security of the deal, which may affect its conclusion. This is not a mere intermediary, but a professional bound by a qualified duty of diligence. His responsibility is not limited to what the seller has declared, but extends to the active verification of essential information. Negligence occurs when the agent fails to communicate or verify elements such as the presence of mortgages, foreclosures, urban planning and cadastral discrepancies, or the absence of the occupancy permit.
Types of Compensable Damages
When the mediator's negligence is proven, the damage suffered by the buyer can be of various types. Compensation can cover actual damages, i.e., direct costs incurred to rectify the situation (e.g., expenses for regularizing a building violation or for canceling a mortgage). It can also include loss of profit, such as the loss of an opportunity to resell the property at a higher price. In addition, it is possible to request the total or partial refund of the commission paid, as the mediator's service was flawed by a serious breach of contract. The goal is to restore the financial situation in which the buyer would be if the agent had acted with due diligence.
The Approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, is strategic and aimed at achieving the best possible outcome for the client in the shortest possible time. The first step involves a thorough documentary analysis: the preliminary contract, the deed of sale, the purchase offer, and all communications with the agency are examined. Subsequently, evidence is collected to demonstrate the omission of information and the causal link with the damage suffered, using specialized technical expert reports if necessary. Our strategy includes, where possible, an attempt at out-of-court settlement to expedite the compensation process. If the other party proves uncooperative, we proceed with the most appropriate legal action to fully protect the client's rights before the Court of Milan.
Frequently Asked Questions
What exactly is meant by real estate agent negligence?
Negligence means the violation of the duty of professional diligence provided for by law. In practical terms, it means that the agent has not communicated essential information about the property that he knew or should have known using normal diligence. Typical examples include concealing the existence of a building violation, a mortgage not declared by the seller, easements of passage, or significant condominium disputes.
Can I ask for a refund of the commission paid to the agency?
Yes, established case law recognizes the buyer's right to request a refund of the commission when the mediator has failed to fulfill his information obligations. If his negligent conduct has caused significant damage, he forfeits the right to receive compensation for mediation not performed according to the principles of fairness and professionalism.
What evidence is needed to take action against the real estate agent?
It is essential to gather all documentation related to the sale: purchase offer, preliminary contract, notarial deed, emails, and messages exchanged with the agency. It will also be crucial to obtain documents attesting to the undisclosed defect or problem (e.g., technical report for building violations, mortgage search). The testimony of other informed individuals can further strengthen the case.
How much time do I have to claim damages from the mediator?
The right to compensation for damages arising from contractual liability, such as that of the mediator, generally prescribes in ten years. The period begins to run from the moment the damage manifested itself and the buyer became aware of it. However, it is advisable to act promptly to avoid difficulties in obtaining evidence and to resolve the issue as soon as possible.
Request a Case Evaluation in Milan
If you believe you have suffered damages due to the negligence of a real estate agent, it is essential to act with full knowledge of the facts to protect your investment. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offers targeted advice to analyze your specific situation, assess the validity of your claims, and define the best strategy to obtain fair compensation. Contact Avv. Marco Bianucci for a preliminary evaluation of your case and to understand what steps to take to protect your rights.