Help understanding property listing

08/19/2017 - 12:05

Help understanding property listing system.Having a bit of difficulty grasping the Italian real estate for sale listing system, protocols, etc. Do all agencies have access to other agencies listings for showing and selling as in an “open listing” concept?Does a seller have to list separately with several agencies for maximum exposure?Does Italy’s real estate industry operate under a “procuring cause” principal when allocating commissions?Have Googled this a number of different ways with little, if any,  success.Any answers to questions I should have asked?Thanks,Fred



The Italian system in not like the American system.  A mandate for sale is given to an agency, many agencies still insist on an exclusive contract.  Whether that agency decides to collaborate with another agency is up to them - obviously most dont as they want to earn the commission from both sides and not split it with another agency.  Some agencies work on a non-exlusive contract, so the seller can give mandates to a number of agencies or even sell privately with no penalty.   Obviously if you give your house to loads of agencies, and it is all over the internet,  the seller will be seen as desperate to sell.  Nowadays with the internet, 2 agencies are enough to cover all the possibile client bases.  If you go and see a house with one agency and then revisit the same property with a different agency it is considered bad form, but the idea that you can be asked for double the commission is not legally tenable unless you have signed a contract with the first agency.  Some agencies ask you to sign a privacy document before you see any properties which may well have a clause allowing them commission in an eventual purchase even if you dont buy through that agency.  Read everything carefully.  Assuming you are planning to sell, I would ask for a non exclusive contract giving you more freedom to move.  Do not sign any sellers mandate which renews in perpetuity, only one renewal by tacit consent is nowadays considered legal.  Be aware of the notice period.  The agent has a legal right to his commission at point of compromesso, but you can negotiate to pay the agent at final atto, which ensures he will work up until the sale is complete.  EVen with an agent the legal obligation to produce the documentation necessary for a sale is yours.  A good agent will help you with it, but ultimately it is up to you to make sure the house can be sold.