L.Trueman

We put in a bid on a church in Italy over a year ago and put down a deposit in April this year.
We understand we will be in for a long wait as approvals are complicated and we're fine with waiting, we however have a different dilemma.

Our estate agent agreed with us at the time of purchase to pay 5000 euros for the sellers documentation costs and stated via email that this would be the maximum.
They have now said that we need to pay for plans to be resubmitted at a cost to us of 6000 euro's plus expenses as the last plans filed to the land registry were in the 1940's even though there were major renovation works in the 90's for which we have seen all of the CAD drawings and would have thought these would have been filed with the land registry.
We suspect this won't be the end of the costs and we were not consulted about the changes needed until after the fact.

We suspect that the buyer is paying for all of the fees as well as us and have just been told that because it's a church they can't pay documentation fees.
We just wondered if anyone had also had this experience and if we complain to the Lawyers of the Church are they likely to listen?
We have paid a significant deposit and feel like although we love the building and the thought of living there we could be in for endless bills that we never get a receipt for.
Any advise would be very appreciated.

Geordieborn

Can't give you specific advice, but you are right to post and need help as it sounds a nightmare! Sorry if this causes more worry, but you really need help/warnings by the sound of it!

modicasa

Hi. Im an estate agent in ITaly, but have never sold a church. However, the seller is presumably the Curia of the Vescovato or the Diocese. This, as far as I am aware, does not exempt them from the law about selling property - the seller pays for everything that makes the property sellable - ie all the docs that are needed for the sale. If you are talking about plans to convert it to residential, then yes that would most likely fall to you as they are not necessary for the sale.
Its good that you have everything in writing - make sure it is always so.
You paid a deposit - with a registered compromesso presumably. That would have had the date for the final atto in it. If the sellers do not do what is necessary to have the documentation ready for the atto, they are in default.
Its true that the Church is largely exempt from all planning rules, but even a church must be registered at the Catasto. If there was a renovation in the 90's then the Church was obliged by law to reaccastare the building after the works. This is not your problem. I suspect the agent may be playing you for fools. You agreed to pay 5000 euros, you should not pay more. I would tell the agent very nicely, that the atto is due by the date agreed, and the sellers have to meet their obligations. The agent is also legally responsible for everything he says, so make sure everything is in writing.
You have checked that the church can have its destination changed to residential I assume?

L.Trueman

Many thanks for the advice given. We have written to the lawyers representing the Church to inform them that we have been asked to pay for a lot of the sellers fees and await their response.

Conor_0

I can put you in touch with my lawyer friend Carlo.....I am an architect and Carlo often helps me and my Clients in varous Italian Building / Property realted issues. Carlo is well versed in the real estate law and can offer a range of services from just guidance to direct negotiations. Let me know if you require Carlo's assistance.

L.Trueman

Thankyou Conor for your reply but I think we have it mostly sorted now, many thanks