Buying Property in San Marino




Initial agreement between the buyer and seller - Preliminary contract

1 - What form can this agreement take? Preliminary contract?

2 - With whom must the parties (buyer/seller) formalise the initial agreement? Is a legal form imposed?

3 - What are the legal effects of this preliminary contract? Is a preliminary contract necessary?

4 - Are there amounts to be paid, and to whom? Can these amounts be repaid?

5 - Are there any consumer protection measures (cooling-off period, right of withdrawal)?

6 - How can I obtain financing? Directly from the banks? Through brokers?

7 - What form does the financing agreement take? What do I need to do once I have obtained financing? Who draws up the loan agreement? To whom will the loan be paid?

8 - What are the usual types of guarantee requested to finance a residential real estate purchase?

9 - How do I constitute a mortgage/other type of security?

10 - What are the consequences of this mortgage for me?

11 - What types of information/documents are required for a real estate sale? Concerning the parties? Concerning the property sold?

12 - Who collects the information/documents?

13 - How long does it take to obtain this information?


Signature de l’acte

1 - Is there a compulsory form for the sale agreement (e.g. notarised)?

2 - If several forms are possible, are some more secure or more risky than others?

3 - What is involved in the signature of the act?

4 - What are the resulting rights and obligations?

Performance of the contract

Implementation of a certain number of public rights applicable to the sale

1 - What rights must generally be implemented for a real estate sale? Right of first refusal? Preferential right? Compulsory administrative document or authorisation? Etc.

2 - Who fulfils the formalities for the implementation of these rights?

3 - How and at what point does the buyer become the owner of the property?

4 -At what point is the payment made? By the buyer? To the seller?

5 - How must I make the payment?

6 - How can I guarantee that the mortgages taken on the property against the seller will disappear?

7 -What taxes are usually payable on a real estate sale? Are the rates available on an official website?

8 - How and by whom are the taxes calculated?

9 - When and where is the tax payment due?

10 - At what point can the new owner take possession of the property (handing over of keys)?

11 - What is the procedure for publication of the sale agreement?

12 - Who conducts the formalities of publication of the new ownership?

13 - What are the consequences of this?