At Domus Sicilia Immobiliare, we firmly believe that behind every contract there are people first and foremost. We often find ourselves handling delicate situations where, due to health reasons, mobility issues, or unavoidable commitments, a client cannot physically appear before a notary to sign a deed.
When facing this possibility, concern is natural: "Does the project stop? Do we have to give up the sale or purchase?" The answer is a reassuring no. Italian law provides precise tools to ensure that the right to buy and sell is not hindered.
Here is how we can manage these situations together, guaranteeing maximum protection and peace of mind.
1. The Power of Attorney (Procura): Delegating with Confidence
The most frequent solution is granting a power of attorney. This is a public act (or authenticated private writing) by which the interested party (the principal) grants a trusted person (the attorney-in-fact) the power to act in their name and on their behalf for the execution of the deed.
-
General Power of Attorney (Procura Generale): Grants the attorney the power to manage all the principal's affairs.
-
Special Power of Attorney (Procura Speciale): This is the one we use most frequently in the real estate sector. It is exclusively limited to the purchase or sale deed of a specific property.
-
The Advantage: The attorney will handle the entire process on behalf of the owner, who maintains full control over the final decision.
2. Temporary or Physical Impediment
What happens if the person is lucid and aware, but physically unable to sign (for example, due to a motor disability or a temporary hospital stay)?
In these cases, recourse can be made to the figure of witnesses or specific procedures provided by notary law, which allow the notary to collect the party's will even in the presence of a temporary impediment. It will be the notary, acting as a public official, who verifies and certifies the capacity to understand and intend, ensuring the absolute regularity of the operation.
3. The Support of Our Agency
At Domus Sicilia Immobiliare, we do not leave you alone through this bureaucratic journey. Our job is to act as a bridge:
-
Coordination with the Notary: We take care of communicating with the notary's office to identify the most streamlined and secure legal solution for your specific case.
-
Home Assistance: If necessary, we work to ensure that the notary can travel to the home of the person unable to move, making the signing moment as calm as possible.
-
Transparency: We explain every step in a simple way, avoiding technical jargon that could generate confusion or anxiety.
Our Philosophy: The home is a right, technology and law are at our service
Do not let a temporary difficulty block your life plans. Whether it is an investment or the desire to move, every obstacle has a legal solution that protects you and your interests.
If you find yourself in a particular situation or have doubts about how to proceed, do not hesitate to contact us. We are here to listen to you and to find together the best path to achieve your goals.
Domus Sicilia Immobiliare: people at the center, concrete solutions.
Need personalized advice on your real estate situation? Drop by our office or contact us through our social channels for an informal chat.
Add comment
Comments