The Phenomenon of Real Estate Scams in the Milanese Market

Searching for a home in Milan, whether for rent or sale, has become a complex and sometimes risky activity due to the market's frenzy. Unfortunately, taking advantage of high demand and the need to close deals quickly, deceptive advertisements and outright real estate scams are proliferating. Finding yourself having paid a deposit for a non-existent apartment or for a property that the supposed landlord has no control over is a traumatic experience, generating frustration and significant financial damage. In these situations, it is crucial to maintain clarity and act promptly with the support of a criminal lawyer to protect your rights and initiate the necessary procedures to recover unduly taken sums.

What the Law Says: The Crime of Fraud and Deception

From a legal perspective, the conduct of those who publish false advertisements to obtain an unjust profit falls under the definition of the crime of fraud, governed by Article 640 of the Italian Penal Code. The law punishes anyone who, through deception or artifice, by misleading someone, procures for themselves or others an unjust profit to the detriment of others. In the real estate context, deception often manifests through the publication of photos stolen from other websites, the creation of fake profiles, the sending of counterfeit identity documents, or requests for payments to untraceable prepaid cards or foreign accounts. The law provides for criminal penalties for the offender, but the crucial aspect for the victim concerns the possibility of becoming a civil party in the criminal proceedings to claim compensation for material and moral damages suffered. Understanding the distinction between simple breach of contract and actual fraud is the first step in establishing a correct defense strategy.

Studio Legale Bianucci's Approach to Protecting Victims

Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, handles real estate fraud cases with an analytical and prompt approach, aware that speed of reaction is often decisive for the outcome of the matter. The firm's strategy is not limited to simply drafting the complaint but includes a thorough analysis of the available documentation: email exchanges, messages on messaging platforms, bank transfer receipts, and advertisement details. The goal is to reconstruct the chain of events to provide the Judicial Authority with solid elements on which to base the investigation. As a criminal lawyer with extensive experience in the field, Avv. Marco Bianucci assists the client both in the preliminary investigation phase, by liaising with the Public Prosecutor's Office, and in the subsequent trial phase, aiming not only for the conviction of the guilty party but, above all, for the identification of attachable assets for debt recovery. Each case is handled with the utmost confidentiality and with particular attention to the client's experience as a victim of a breach of trust.

Frequently Asked Questions

How much time do I have to report a real estate scam?

For the simple crime of fraud, the law requires that the complaint be filed within the peremptory term of three months from the day the injured party became aware of the act constituting the crime. It is essential not to wait in vain for promises of restitution from the scammer, as the expiry of this deadline prevents criminal action. In specific cases where aggravated fraud is established, the crime may be prosecuted ex officio, but promptness remains a key factor for the investigation.

Is it possible to recover the money from the deposit paid to the scammer?

The recovery of funds is the primary objective, but it depends on the perpetrator's solvency. Once the culprit is identified through investigations, it is possible to become a civil party in the criminal proceedings to claim compensation. Avv. Marco Bianucci also carefully evaluates the possibility of taking preventive action with conservatory seizures, if the legal requirements are met, to block any assets of the scammer as collateral for the debt.

Is the web platform that hosted the advertisement responsible?

Generally, advertisement platforms act as simple hosting providers and are not responsible for content uploaded by users, unless they are informed of the illegality and do not act promptly to remove it. However, each situation must be analyzed individually. If the platform has not adopted the minimum security measures required or has ignored previous reports, grounds for liability may emerge, which an experienced lawyer in the field can assess to broaden the possibilities for compensation.

Request an Evaluation of Your Case

If you believe you have been the victim of a real estate scam or have doubts about the legitimacy of a deposit request, do not act impulsively and do not waste valuable time. Contact Studio Legale Bianucci at via Alberto da Giussano 26 in Milan. Avv. Marco Bianucci is available to examine the details of your situation and define the most appropriate legal path to protect your interests.