The Notary's Liability in Real Estate Sales
Purchasing a home or a commercial property represents a significant investment, often the result of a lifetime's savings. Discovering, after the execution of the notarial deed, the existence of undisclosed mortgages, foreclosures, or other encumbrances is a situation that generates profound distress and economic uncertainty. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci perfectly understands the state of mind of those who find themselves having to face third-party creditors on a property they believed to be free of any burden. It is essential to know that Italian law imposes specific verification and control obligations on the notary precisely to avoid these circumstances.
The notary does not merely certify the identity of the parties but has the precise professional duty to perform so-called mortgage and land registry searches to ascertain the property's freedom from burdens or encumbrances. Case law consistently holds that, unless expressly waived by the buyer, the omission of such checks or the failure to report existing encumbrances constitutes serious professional negligence. Such conduct generates contractual liability towards the client, paving the way for the right to obtain compensation for the damage suffered. This is not a mere formal error but a violation that undermines the very security of the real estate transfer.
The Strategic Approach of the Bianucci Law Firm
When dealing with cases of notarial professional liability, an analytical and rigorous approach is necessary. Avv. Marco Bianucci, operating as an expert lawyer in damages compensation, preliminarily analyzes the sales contract and all prior documentation to precisely identify the causal link between the professional's omission and the economic damage suffered by the client. The firm's primary objective is not litigation for its own sake but the concrete resolution of the problem, which often coincides with freeing the property from encumbrances or obtaining the necessary sum to do so.
The strategy adopted by the Bianucci Law Firm initially involves an out-of-court phase, during which a formal dialogue is established with the notary and, above all, with their insurance company. Notaries are legally obliged to have professional liability insurance. The intervention of an expert lawyer in damages compensation is crucial in this phase to correctly quantify not only the direct damage, i.e., the cost to cancel the mortgage or encumbrance, but also any additional expenses and inconveniences suffered. Should the amicable route not lead to the desired outcome, Avv. Marco Bianucci is ready to protect the client's rights in court before the Tribunal of Milan, drawing on consolidated experience in civil liability matters.
Frequently Asked Questions
Is the notary liable even if the seller provided false information?
Yes, the notary's liability is independent of the seller's declarations. The professional has the obligation to conduct searches in the land registries precisely to verify the truthfulness of what the parties have stated. If the notary fails to detect a mortgage registered in the public records, they are professionally liable, regardless of the seller's bad faith, unless the buyer has expressly exempted them from performing such checks.
What damages can I claim from the notary in case of an undeclared mortgage?
Compensation must fully cover the economic prejudice suffered. Generally, this corresponds to the sum necessary to extinguish the debt secured by the mortgage and obtain the cancellation of the encumbrance, allowing the buyer to have the property free as promised. Furthermore, it is possible to claim reimbursement for legal expenses incurred to manage the issue and, in some specific cases, compensation for any further damages resulting from the inability to freely dispose of the property.
Within what timeframe must I act to claim compensation?
The notary's liability is contractual in nature. This means that the ordinary statute of limitations is ten years. However, it is always advisable to act promptly as soon as one becomes aware of the encumbrance or mortgage, to prevent the situation from worsening, for example, with the initiation of enforcement proceedings on the property by creditors. Swift action also facilitates dialogue with the professional's insurance company.
What happens if the notary has already ceased their practice?
Even if the notary has retired or ceased their practice, liability for acts performed during their professional career remains. Furthermore, compensation claims often involve the insurance company that covered the professional at the time of the deed or at the time of the claim, depending on the policy conditions. Legal assistance is essential to identify the correct party to whom the compensation claim should be directed in these complex cases.
Request an Assessment of Your Case in Milan
If you have discovered an undisclosed encumbrance or mortgage on your property, do not let time compromise your position. Rely on the expertise of Avv. Marco Bianucci, an expert lawyer in damages compensation, to analyze the notary's liability and define the best protection strategy. The Bianucci Law Firm welcomes you at its Milan office, located at Via Alberto da Giussano 26, to offer you clear, determined legal support aimed at recovering your financial peace of mind.