The purchase of a home represents one of the most significant moments in a person's life, both from an economic and emotional perspective. Discovering that a property just purchased, or in the process of being purchased, is illegally occupied is not only a serious source of stress but also a significant legal problem requiring immediate intervention. As an expert lawyer in damages compensation and real estate law in Milan, Avv. Marco Bianucci deeply understands the frustration and urgency of those who find themselves having to manage a property they own but cannot freely use. The presence of unauthorized occupants, whether they are defaulting tenants who do not vacate the property or third parties who entered illegally, constitutes an infringement of the buyer's rights that deserves decisive and competent protection.
Buyer Protection within the Italian Legal Framework
Italian law provides specific tools to protect those who purchase a property that is not vacant as contractually agreed. The Civil Code obliges the seller to deliver the property to the buyer, which must be free of people or things, unless otherwise expressly agreed. If the property is sold as 'vacant at closing' but is found to be occupied, this constitutes a serious breach of contract by the seller. Case law recognizes the buyer's right to take action to obtain material possession of the property and, concurrently, compensation for the damages suffered. It is crucial to distinguish between different types of occupation, as the defense strategy changes depending on whether the occupant is the seller themselves delaying vacating, a tenant with an expired or enforceable lease, or a third party who entered illegally. Each scenario requires a distinct legal procedure, which can range from eviction proceedings to forced execution, and claims for damages for the loss of use of the property.
The Bianucci Law Firm's Approach to Real Estate Damages Compensation
The Bianucci Law Firm handles these complex disputes with a rigorous and analytical method, aimed at maximizing client protection in the shortest possible time. The approach of Avv. Marco Bianucci, an expert lawyer in civil law in Milan, begins with a detailed analysis of the preliminary contract (compromise) and the notarized deed (rogito), to verify the guarantees provided by the seller and any protective clauses. The strategy is not limited to just the action for the release of the property, but strongly focuses on the compensation aspect. The goal is to obtain economic redress that covers not only direct damages, such as legal fees and any costs for alternative accommodation, but also lost profits, i.e., the economic loss resulting from the inability to rent or inhabit the property. In many cases, the firm also assesses the professional liability of intermediaries or technicians who may have omitted due diligence. The priority is always to provide the client with a clear view of the chances of success and the expected timelines, acting firmly both in pre-litigation, through targeted warnings, and in judicial proceedings before the Court of Milan.
Frequently Asked Questions
Can I claim damages from the seller if the house is occupied?
Absolutely. If the purchase agreement (rogito) guaranteed that the property was vacant, the presence of occupants constitutes a breach of contract. The buyer is entitled to claim compensation for all damages incurred, including costs for alternative housing while awaiting vacation, furniture storage expenses, and general inconvenience suffered. Avv. Marco Bianucci will assess the extent of the damage to correctly quantify the compensation claim.
What happens if the occupant is a tenant with an expired lease?
In this case, the correct procedure is eviction for expiry of lease, if the lease was duly registered. However, if the seller had guaranteed the property's vacancy while concealing the existence of a tenant or an ongoing eviction proceeding, they remain liable to the buyer. Legal action can be taken to obtain the release of the property and seek recourse against the seller for the waiting period and legal costs incurred for the eviction process.
Can I change the locks to regain possession of my property?
No, it is crucial never to act on your own initiative with force or by changing the locks while the property is occupied, even if illegally. Such behavior could constitute the crime of arbitrary exercise of one's own rights. The correct path is always legal, through a court order for eviction and, if necessary, the intervention of a bailiff. Entrusting yourself to an expert real estate lawyer allows you to act legally while avoiding criminal consequences.
How long does it take to vacate an occupied property?
The timelines vary considerably depending on the basis on which the property is occupied (without title, expired lease, illegal occupation) and the workload of the competent Court. However, urgent procedures can be activated in cases of specific serious prejudice. During the initial consultation, the Bianucci Law Firm can provide a more accurate estimate based on the specifics of the case and the practice of the Court of Milan.
Contact the Bianucci Law Firm for an Assessment
If you have purchased a property that turns out to be illegally occupied or if the seller has not complied with the delivery terms, do not delay. The passage of time can further complicate the situation and aggravate the financial damage. Contact Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, to review your documentation and define the most effective strategy to protect your investment. The firm receives clients at its office located at Via Alberto da Giussano, 26, and is ready to assist you with professionalism and dedication to assert your rights.