I am having all the problems in the world to have you answer any questions I have and that were 4 I believe where I had to send a fax more than 20 days after the e-mail to have an answer from you and still not get an answer from you on my last question.
1. One of the biggest problems I have with trusting you as a notary is the fact you did not even tell me for more than 20 days(!) my seller had died.
As you know dealing with a purchase of a house were the seller died can create serious problems in Italy for the buyer.
2. In the project of the compravendita you put a clause about the daughter of the seller accepting the inheritance.
What I lack is the handling of there being any testament. Nowhere are you handling this.
3. I asked you to be able to have you paid through my bank as is the rule in Belgium (France and the Netherlands have the same obligations).
You answer me you cannot accept a 'deposito notarile'. This kind of handling (where the Italian made a law about it, the end of 2013 btw) is not even what was asked from you. Just to have the payment done to you.
The Italian government created in 'La legge di Stabilità del 27 dicembre 2013' regulations about this deposito notarile which should have been activated within 140 days. Not withstanding the legal obligations to make this law into force, they did nothing about it, in breach of the rules of Judicial protection – Principle of effectiveness – Principles of legal certainty and the protection of legitimate expectations. The Italian Government is liable for not putting this into actual legislation.
A notary needs to perform his duties in the intrest of his clients and doing it indepently.
4. It seems to me with handling indepently there is another problem. Your real client is the agenzia immobiliare 'X' were you get in BDV part (or for the most?) your work form.
The problem with this is you are not indepent to assist your clients (the ones by law) the buyer and the seller.
If you cannot act indepently you need to withdraw yourself.
If you cannot perform your work as a notary in the intrest of both your clients, the buyer and the seller) you need to withdraw yourself.
Not being able to accept a payment in the way the buyer is able to do, means you should withdraw yourself from handling because with your handling you are creating a problem for one of your clients which might lead to you signing a non performance by the buyer, which would only be the result of your refusal to accept a payment in the way the buyer is able to do or because you refused to withdraw yourself.
5. If you would have asked copies of the proposta d'acquisto from your clients you would have noticed there is an important difference between the one the buyer signed and the one the seller signed. But you are only working with the one the agenzia immobiliare gave you, your real client.
As a result you are working as a notary based on a proposta d'acquisto which would legally be considered void.
6. In your project of compravendita it is stated the seller had no agenzia immobiliare assisting him. This is clearly something the agenzia immobiliare told you to put in this document. Again if you would have asked your clients (seller and buyer) there would be a total different answer.
7. You are putting an element in the compravendita that is nowhere to be found in the proposta d'acquisto, the contract between the seller and the buyer.
Legally in Italy it is the buyer who chooses and appoints the notary.
As a result of all these elements and the fact I cannot have any trust in your handling of anything relating to my purchase of the house in question, I am firing you as my intermediate notary and I am strongly advising you to withhold yourself from doing any more legal work in this case.
As a result of my firing you the appointment for signing the compravendita is cancelled.
I will contact the agencia immobiliare to sort out the consequences.
If you would perform any act after this message, how small it would be, I will need to have legal recourse against your actions and the penalties would be for you to carry.
Yours sincerely
