Real estate agents in Italy, as elsewhere, play a crucial role in the process of buying, selling, or renting property. Their activities are governed by Italian law, which can differ significantly from practices in other countries. Understanding these nuances is essential for both the agents themselves and their clients.
Legislation and Definition
In Italy, the activities of real estate agents (agenti immobiliari) are primarily regulated by the Civil Code (Articles 1754 and subsequent articles), as well as by specific laws and regulations that define their duties, responsibilities, and compensation.
The law clearly defines a real estate agent as an intermediary with in-depth knowledge of the real estate market, the legal framework governing property transactions, and the procedures for completing such deals. The key function of a real estate agent is to bring together a buyer and seller (or a tenant and landlord) and provide professional assistance during negotiations to reach mutually beneficial terms.
It's important to note that in Italian practice, the principle of dual commission is common: the agent receives a fee from both the buyer and the seller. This is why the law requires agents to maintain strict impartiality. They must not have personal relationships or other ties with any party that could affect the objectivity of their actions.
Who Can Work as a Real Estate Agent in Italy?
The legislation sets several strict requirements:
Age: The agent must be an adult (18 years or older).
Education: Although the minimum requirement is a high school diploma (diploma di scuola secondaria superiore), additional education in real estate, management, law, or economics is highly valued in practice.
Criminal Record: The candidate must have no criminal record or other violations that could question their reliability and professional suitability. This is a critical factor since agents handle large sums of money and confidential information.
Qualification Exam: This is a key stage. The candidate must complete a special training course focused on the legal and practical aspects of real estate agency work. After finishing the course, they must pass a state exam. The exam rigorously assesses knowledge and skills. Passing it is a prerequisite for obtaining a license.
License: Registration in the Register of Real Estate Agents (iscrizione al ruolo degli agenti immobiliari) is the final step. The license confirms the right to legally operate as a real estate agent in Italy.
To verify the presence of a license, one can refer to the Business Register online at the Registro delle Imprese website, where the registration of professionals and companies can be checked by entering the agent’s or agency’s details (such as name or tax ID).
In addition to these basic requirements, Italian law imposes strict rules on contract forms, professional liability insurance, and more. Violating these rules can lead to severe fines and legal consequences.
Responsibilities of a Real Estate Agent
The agent’s responsibilities are defined in Article 1759 of the Civil Code. They include informing the parties about all known factors related to the property and the security of the transaction that may influence its conclusion.
A real estate agent is responsible for verifying the authenticity of signatures in documents and for transferring funds if they are handled through the agent, often in cases involving mortgage approvals.
Agents are also required to comply with anti-money laundering laws by identifying clients and reporting suspicious transactions to the Financial Intelligence Unit (UIF).
The integrity of the transaction is monitored by a notary, so agents work closely with notaries and geometers — specialists in design, planning, and construction project management.
Commission Fees and Payment Procedure
A real estate agent earns a commission when a deal between a seller and a buyer has been facilitated by their efforts, even if the sale is completed later. Article 1755 of the Italian Civil Code recognizes the agent’s right to a commission at the moment the parties sign the purchase offer (preliminary contract).
The purchase offer is a legal document obligating the parties to finalize a sales contract in the future and outlining the terms of the deal, confirming that the agent has completed their work. Therefore, the agent’s right to commission does not depend on the notarization of the transaction. Even if one party decides not to proceed with the deal after signing the preliminary contract and pays a penalty, the agent is still entitled to their commission.
NB! If you view a property with one agent but decide to purchase it with another, the first agent who showed you the property has the right to demand payment for their services.
The commission amount can vary depending on agreements between the parties and local practices. Typically, the commission is expressed as a percentage of the property's value, with minimum fees applied for properties worth less than €100,000. On average, the commission ranges from 3% to 6% of the sale price, depending on the region and transaction terms.
Both the seller and buyer pay the commission, either equally or in different proportions, depending on local customs or agreements. For instance, the buyer might pay a higher commission than the seller. By reducing their commission, an agent can incentivize the seller to lower the sale price, thus reducing the seller’s transaction costs.
In the absence of a specific agreement and in disputes over the commission amount, the court will refer to data from the chambers of commerce, which publish average commission rates used in the real estate sector.
Conclusion
The work of a real estate agent in Italy goes beyond mere brokerage. It is a complex profession that requires deep specialized knowledge, a high level of professionalism, and strict adherence to the law. Choosing a qualified agent with the necessary licenses and a solid reputation is a guarantee of a safe and effective real estate transaction in Italy. Buyers and sellers should carefully select their agent and ensure that the agent has the required documents and licenses to avoid potential issues in the future.
Legislation and Definition
In Italy, the activities of real estate agents (agenti immobiliari) are primarily regulated by the Civil Code (Articles 1754 and subsequent articles), as well as by specific laws and regulations that define their duties, responsibilities, and compensation.
The law clearly defines a real estate agent as an intermediary with in-depth knowledge of the real estate market, the legal framework governing property transactions, and the procedures for completing such deals. The key function of a real estate agent is to bring together a buyer and seller (or a tenant and landlord) and provide professional assistance during negotiations to reach mutually beneficial terms.
It's important to note that in Italian practice, the principle of dual commission is common: the agent receives a fee from both the buyer and the seller. This is why the law requires agents to maintain strict impartiality. They must not have personal relationships or other ties with any party that could affect the objectivity of their actions.
Who Can Work as a Real Estate Agent in Italy?
The legislation sets several strict requirements:
Age: The agent must be an adult (18 years or older).
Education: Although the minimum requirement is a high school diploma (diploma di scuola secondaria superiore), additional education in real estate, management, law, or economics is highly valued in practice.
Criminal Record: The candidate must have no criminal record or other violations that could question their reliability and professional suitability. This is a critical factor since agents handle large sums of money and confidential information.
Qualification Exam: This is a key stage. The candidate must complete a special training course focused on the legal and practical aspects of real estate agency work. After finishing the course, they must pass a state exam. The exam rigorously assesses knowledge and skills. Passing it is a prerequisite for obtaining a license.
License: Registration in the Register of Real Estate Agents (iscrizione al ruolo degli agenti immobiliari) is the final step. The license confirms the right to legally operate as a real estate agent in Italy.
To verify the presence of a license, one can refer to the Business Register online at the Registro delle Imprese website, where the registration of professionals and companies can be checked by entering the agent’s or agency’s details (such as name or tax ID).
In addition to these basic requirements, Italian law imposes strict rules on contract forms, professional liability insurance, and more. Violating these rules can lead to severe fines and legal consequences.
Responsibilities of a Real Estate Agent
The agent’s responsibilities are defined in Article 1759 of the Civil Code. They include informing the parties about all known factors related to the property and the security of the transaction that may influence its conclusion.
A real estate agent is responsible for verifying the authenticity of signatures in documents and for transferring funds if they are handled through the agent, often in cases involving mortgage approvals.
Agents are also required to comply with anti-money laundering laws by identifying clients and reporting suspicious transactions to the Financial Intelligence Unit (UIF).
The integrity of the transaction is monitored by a notary, so agents work closely with notaries and geometers — specialists in design, planning, and construction project management.
Commission Fees and Payment Procedure
A real estate agent earns a commission when a deal between a seller and a buyer has been facilitated by their efforts, even if the sale is completed later. Article 1755 of the Italian Civil Code recognizes the agent’s right to a commission at the moment the parties sign the purchase offer (preliminary contract).
The purchase offer is a legal document obligating the parties to finalize a sales contract in the future and outlining the terms of the deal, confirming that the agent has completed their work. Therefore, the agent’s right to commission does not depend on the notarization of the transaction. Even if one party decides not to proceed with the deal after signing the preliminary contract and pays a penalty, the agent is still entitled to their commission.
NB! If you view a property with one agent but decide to purchase it with another, the first agent who showed you the property has the right to demand payment for their services.
The commission amount can vary depending on agreements between the parties and local practices. Typically, the commission is expressed as a percentage of the property's value, with minimum fees applied for properties worth less than €100,000. On average, the commission ranges from 3% to 6% of the sale price, depending on the region and transaction terms.
Both the seller and buyer pay the commission, either equally or in different proportions, depending on local customs or agreements. For instance, the buyer might pay a higher commission than the seller. By reducing their commission, an agent can incentivize the seller to lower the sale price, thus reducing the seller’s transaction costs.
In the absence of a specific agreement and in disputes over the commission amount, the court will refer to data from the chambers of commerce, which publish average commission rates used in the real estate sector.
Conclusion
The work of a real estate agent in Italy goes beyond mere brokerage. It is a complex profession that requires deep specialized knowledge, a high level of professionalism, and strict adherence to the law. Choosing a qualified agent with the necessary licenses and a solid reputation is a guarantee of a safe and effective real estate transaction in Italy. Buyers and sellers should carefully select their agent and ensure that the agent has the required documents and licenses to avoid potential issues in the future.
