One key figure in the process of buying property in Italy is the real estate agent. Understanding their legal role, responsibilities, and limitations is essential to ensure a smooth and secure transaction. Understanding the legal framework, responsibilities, and limitations of real estate agents is essential to avoid costly mistakes and ensure a safe transaction. For this reason, many buyers choose to work alongside a qualified legal professional, such as the team at Berti Law Firm, to protect their interests throughout the purchase process.
Legal Definition of a Real Estate Agent in Italy
Under Article 1754 of the Italian Civil Code, a real estate agent (or “mediatore immobiliare”) is defined as:
“A mediator is one who brings together two or more parties for the purpose of concluding a business deal, without being bound to any of them by a relationship of collaboration, dependence or representation.”
This means that, unlike in other countries, Italian real estate agents are legally required to act as neutral intermediaries, not as representatives of the buyer or the seller. Their main function is to facilitate a meeting of the minds between the parties and ensure a deal can be closed.
Commission and Compensation
Real estate agents in Italy are entitled to a commission from both the buyer and the seller, as established by Article 1755 of the Italian Civil Code. This commission is usually calculated as a percentage of the sale price—typically around 3% from each party, but this can vary by region and by agreement.
If the property deal is concluded thanks to the agent’s involvement, even indirectly, the agent is entitled to the commission. However, indirect mediation (e.g., merely informing someone about a listing without connecting the parties) is generally not valid for claiming fees.
It’s important to note:
- If there’s no written agreement on the commission amount, local customs and Chamber of Commerce guidelines will apply.
- Agents must be duly registered to claim a commission. Unregistered mediators have no legal right to payment.
Legal Requirements to Work as a Real Estate Agent in Italy
To work legally as a real estate agent in Italy, individuals must meet a set of clearly defined personal criteria. These requirements are intended to ensure that professionals operating in the real estate sector have a stable legal status and a minimum level of education and residency. Meeting these conditions is a necessary first step before moving on to the professional and moral qualifications required to obtain a license and operate in compliance with Italian law.
Personal Requirements:
The personal requirements to become a licensed real estate agent in Italy focus primarily on citizenship, age, education, and residency. These criteria ensure that the individual has a legal presence in the country and the minimum academic background necessary to begin professional training. Without fulfilling these basic personal conditions, it is not possible to register with the Chamber of Commerce or to legally practice as a real estate agent.
- Be a citizen of an EU country or have a valid residence permit.
- Be over 18 years old.
- Reside in the same province as the Chamber of Commerce where they apply.
Moral Requirements:
In addition to meeting personal criteria, aspiring real estate agents in Italy must also satisfy strict moral requirements. These are designed to ensure that individuals operating in the real estate market uphold legal and ethical standards. Specifically, candidates must have a clean criminal record and must not have been involved in financial crimes, fraud, or offenses against public administration. The absence of legal impediments is typically verified through a criminal background check conducted by the Chamber of Commerce, although a self-certification is initially accepted at the time of registration.
- No criminal convictions for fraud, theft, money laundering, or other serious crimes.
- Not be declared bankrupt.
- Not be under anti-mafia or administrative sanctions.
The Chamber of Commerce conducts background checks, although agents may self-certify during the initial application process.
Professional Qualifications and Licensing
Beyond personal and moral requirements, becoming a real estate agent in Italy requires formal professional training and official licensing. Candidates must complete a certified preparatory course covering legal, technical, and financial aspects of real estate brokerage. They must then pass a state-authorized examination—comprising written and oral tests—administered by the local Chamber of Commerce. Only upon successful completion of this process can an individual be registered in the official Register of Real Estate Agents and legally operate in the sector.
Steps to Become a Real Estate Agent:
- Complete a preparatory course covering civil law, tax law, urban planning, financing, and marketing.
- Pass a qualifying exam—two written tests and one oral exam administered by the local Chamber of Commerce.
- Register in the official Register of Agents.
Without a license, it is illegal to mediate real estate transactions or collect commissions. This guarantees a certain level of professionalism and protects buyers and sellers.
Duties and Limitations of Real Estate Agents
Real estate agents in Italy operate within a well-defined legal framework that outlines both their permitted activities and their professional boundaries. While they play a central role in facilitating contact between buyers and sellers, their function is limited to mediation and does not extend to legal representation or technical due diligence. Understanding what agents are legally allowed—and not allowed—to do is essential for foreign buyers, who may otherwise assume they are receiving services outside the agent’s legal remit. These duties and limitations are established by the Italian Civil Code and reinforced by national professional regulations.
What She/He Can Do:
- Collect and verify basic property documentation.
- Arrange and accompany buyers on viewings.
- Facilitate communication between buyer and seller.
- Help negotiate price and terms.
- Assist with drafting the proposta d’acquisto (offer to purchase) and preliminary agreement.
What She/He Cannot Do:
- They are not lawyers. They cannot provide legal advice or verify the legal title of the property.
- They do not perform due diligence such as checking building permits, zoning compliance, or encumbrances.
- They cannot represent one party to the detriment of the other.
This is why having an independent legal advisor—especially for international buyers unfamiliar with Italian law—is essential.
Common Risks Without Legal Assistance
Relying solely on a real estate agent during a property transaction in Italy can expose buyers—especially foreign investors—to a number of legal and financial risks. Since agents are not responsible for conducting due diligence or verifying legal compliance, critical issues such as title defects, urban planning violations, or hidden debts may go undetected. These risks can lead to costly disputes or even the nullification of the purchase. Without independent legal assistance, buyers are left without proper protection during one of the most complex phases of the acquisition process.
Even with a registered real estate agent involved, there are still several legal and financial risks in the Italian property market:
- Undisclosed building violations or zoning issues.
- Outstanding debts or mortgages attached to the property.
- Missing or unclear property titles.
- Complex inheritance or co-ownership situations.
Many foreign buyers mistakenly assume that the agent will take care of these checks—but that is not their responsibility.
Choosing a Trustworthy Real Estate Agent in Italy
Selecting a reliable and properly qualified real estate agent is a critical step when buying property in Italy. Not all agents operate at the same professional standard, and some may lack the necessary registration or transparency required by law. Verifying credentials, understanding the scope of their services, and ensuring they are willing to cooperate with your legal advisor can make a significant difference in the success and security of your transaction. For international buyers unfamiliar with local practices, taking the time to choose a trustworthy agent is essential to avoid misunderstandings, hidden costs, or legal complications.
When choosing a real estate agent in Italy, keep in mind the following best practices:
- Check registration with the Chamber of Commerce.
- Ask for their registration number (REA) and proof of qualifications.
- Request a written agreement on commission.
- Prefer agents who work transparently and are willing to collaborate with your lawyer.
- Be cautious with dual agency situations, especially if you are unfamiliar with Italian legal practices.
Remember: real estate agents are not regulated financial or legal advisors. They play an important but limited role.
Why International Buyers Should Involve a Real Estate Lawyer
While real estate agents in Italy serve as intermediaries in property transactions, they are not authorized to provide legal advice or perform in-depth due diligence. For international buyers, this gap can lead to serious vulnerabilities, especially when dealing with unfamiliar laws, language barriers, or complex property histories. Involving a qualified real estate lawyer ensures that every aspect of the purchase—legal, financial, and administrative—is thoroughly reviewed and compliant with Italian law. Legal counsel plays a crucial role in protecting the buyer’s interests from the first offer to the final deed of sale.
Given the legal limitations of real estate agents, international buyers are strongly advised to retain a local law firm specializing in Italian real estate transactions.
At Berti Law Firm, we offer full legal assistance to foreign buyers:
- Verify legal title and ownership history.
- Check for urban planning compliance and building permits.
- Review and draft the preliminary contract (“compromesso”) and final deed.
- Coordinate with the notary and the agent.
- Handle any translation and communication barriers.
We work independently of real estate agencies, acting solely in your interest throughout the process.
The Role of the Notary vs. the Real Estate Agent
The notary is a public official that ensures that the contract complies with Italian law, providing legal validity to the transaction and so formalizing the purchase agreement. In Italy the public notary (notaio) mainly:
- Ensures that the sale complies with Italian law.
- Verifies the identity of the parties.
- Registers the sale with the land registry.
The real estate agent in Italy is an important facilitator, but not a substitute for professional legal support or a public official like the notary. While they help you find a property, only a lawyer can provide legal protection, perform due diligence, and ensure your investment is safe.
Berti Law Firm offers legal expertise tailored to international clients buying property in Italy.