giovedì 21 febbraio 2008

SALE OF REAL ESTATE

Archive n.XX

File n. YY

ITALIAN REPUBLIC

SALE OF REAL ESTATE

In the year two thousand and seven on the 21th of February day

In Lecce at via Angelo De Prezzo n. 11 before me, Mr CICERO, Notary Public in Lecce, registered member of the Notarial District of Lecce with the assistance of the following witnesses Patricius, born in Lecce on the 10th of September 1976 and thereby resident at via Due Giugno n. 21 who declares to know English language and Mr Erodem, born in Lecce on the 23rd of July 1953 and resident in Lecce, at via Giuseppe Mazzini n. 14, single.

APPEAR

Mr TITIO SISTO, born in Catania, on the 20th of June 1944 and thereby resident at via San Giovanni n. 1, fiscal code n. TTO SS0 2.0.A.0.6. C.351.O., who takes part on his own and in on behalf of his spouse FLAVIA GRANDE, born in Messina, on the 6th of November 1948 and resident in Catania at via Corvaglia n. 3, fiscal code n. FLV GRN ………., who share community of property, by means of power of attorney drawn up by Notary Mr Arturo Palazzo from Catania on the 20th of October 2007 archive n. 79587 which in attached to present deed in original copy under letter A) with a previous reading in order to be considered as part of the present deed.

Mr. CARTER JOHN, born in Hastings (Great Britain), on the 12rd of June 1955 and resident in, Daniel Square, at West Hill Road, SW 185 HL, addressed in Avetrana, in via Manduria district without number, fiscal code n. CTR JHN ………., single.

I Notary Public am certain of the personal identity of the parties.

It is also present Mr GAIO, training solicitor, born in Lecce on the 8th of January 1978 thereby resident in via De Pace n. 55, fiscal code n. GIO LSN 7.8.D.0.8. F.8.0.6.V. He is advised by me Notary Public of the terms of the law, and takes oath to fulfil his charge faithfully said interpreter has been chosen by Mr. Carter John, who declared that he does not speak Italian and that his mother tongue is English, by means of the appointed interpreter, he has asked me to receive the present contract by public deed, which has been communicated in Italian by the interpreter as following.

With the present deed married couple Mr. TITIO SISTO and Mrs FLAVIA GRANDE, as above represented, sell and transfer to Mr. CARTER JOHN, who accepts and buys the full ownership of the following property:

HOUSE situated in Gallipoli, at Corte Sant’Ermete District (which is wrongly indicated in the Land Registry as via Sant’Ernesto) consisting of one room and accessory on the ground floor but lacking of a sun area; it borders with Corte Sant’Ermete on two sides, with property of Barone’s heirs on two sides and maybe subject to others borders. The property is registered in the Urban Registry Office of the town Council of Lecce at foglio 13, parcel 1207; sub 1, Corte Sant’Ernesto (actually Corte Sant’Ermete) ground floor, category A/5, class 1, rooms 2.5, cadastral income of 52.94 the property came into possession of the vendor by means of public dead drawn up by Notary Public Mr. Baltius Faustus on the 5th at June 2006, archive n. 16581 and file n. 5723 form Mr. Baltius Negidius born in Lecce on the 16th of March 1949, Mrs. Baltius Nevia born in Lecce on the 23th of November 1946, Mrs. Baltius Clelia born in Lecce on the 18.02.1934, Mr Baltius Agerius born in Lecce on the 2nd of February 1946, Mr. Baltius Sulpicius, born in Lecce on the 11st of March 1936, Mrs. Baltius Patrizia, born in Lecce on the 12.02.1950, Mrs. Baltius Clara, born in Lecce on the 9th of March 1952, Mr. Baltius Oratius born in Lecce on the 24th of February 1948, Mr. Baltius Erminius born in Lecce on the 30th of May 1941.

Baltius’s heirs have been owners of the property object of the present deed by lawful titles for longer than twenty years.

The price of the present sale has been agreed by the present parties and declared to me Notary Public in 18.000,00 (eighteen thousand euro). For this purpose the parties as per art. 46 D.P.R. 445 dated 28th of Dicember 2000 previously advised by me Notary Public upon the penal consequences for issuing false statements, declare:

  1. that said price has been transferred from the buyer to the vendor as follows:

1.a as per 2.000,00 (two thousand euro) by means of bank cheque n. 0030927581 issued by Barclays of Lecce to Mr. Titio Sisto signed by Mr. Carter John.

1.b as per 4.000 by means of non-trasferable draft cheque n. QE4030589604-02 issued by the Barclays of Lecce on the 12th of October 2007 on the name of Mr. Titio Sisto.

1.c as per 3.000 (three thousand/00) by means of non-trasferable draft cheque n. QE4030589594-05 issued by the Barclays of Lecce on the 12th of October 2007 on the name of Mr. Titio Sisto.

1.d as per 3.000 (three thousand/00) by means of non-trasferable draft cheque n. QE40305895584-08 issued by the Barclays of Lecce on the 12 October 2007 on the name of Mr. Titio Sisto.

1.e as per 3.000 by means of non-trasferable draft cheque n. QE4030589574-11 issued by the Barclays of Lecce on the 12 October 2007 on the name of Mr. Titio Sisto.

1.f as per 3.000 by means of non-trasferable draft chque n. QE4030589564-01 issuede by the Barclays of Lecce on the 12 of Ocotober 2007 on the name of Mr. Titio Sisto.

Therefore the seller grants to the buyer full and final quittance.

2. that the parties have been helped by a mediator and specifically by the Agency “Spain” from Lecce, with office in Santa Maria al Bagno at via Emanuele Filiberto n. 86, represented by Mr. Spain J born in Nard√≤ on the 28th of February 1959, resident in Galatina at via Giacomo Leopardi n. 22, vat. N. 0360 fiscal code and registered in Chamber of Commerce of Lecce n. SPN NTN ………., Roll of business and mediation Agents n. 1 at Chamber of Commerce of Lecce, to said Agency has been transferred by the seller the sum of 1.200.00 (one thousand two hundred) by bankers draft n. QE0192824554-00 issued by Barclays of Lecce branch of Romaa on the name of Mr. Spain, and by the buyer the sum of 1.200.00 (one thousand two hundred) by bankers draft n. PE4027667343-11 issued by Barclays of Lecce on the name of Mr. Spain J.

The sale is affected and accepted as a bulk sale and not subject to measurement in it’s real and legal condition, with all fixtures annexes and appurtenance uses and rights with all pertinences and passive or active servitudes, and with immediate possession. Furthermore the seller declares and guarantees that the property in object is free from any burdens, mortgages of any kind of limitations.

The seller is fully aware the legal penal consequences of issuing false statements, as provided for by the law under Presidential Decree number dated and as I myself have informed her and declares before me Notary Public: that regarding the Presidential Decree number dated the building in question has been erected before the 1st of September 1967; that to date there have been no changes carried out such as to require planning permissions; that property in question has never been fined for breach of urban or building law.

The parties renounce to any eventual automatic registration and release the officer of the Urbane Registry from any responsibility and also declare that there is no family relationship between them.

All expenses are to be charged to the buyer.

The buyer with the express acceptance of the seller, ask to pay the amount of cadastral and mortgage tax upon the value of the property as foreseen at article 52, comma 4 and 5 of D.P.R. 131/1986 (fiscal value), and not upon the price agreed (cadastral value updated 6.671,00).

I Notary Public, have received this deed written in Italian by a trustworthy member of my staff with my are and direction and it has been completed by myself personally, while the English translation of the deed herewith enclosed was written by the translator and under his personally care.

The deed has been read to those present by me, Notary Public, in it’s original language and by the interpreter in English.

The parties declare they approve and confirm the deed and sign in together with the interpreter, the witnesses and myself, Notary Public.

The present deed consists of two sheets with seven full sides in writing while the writing on the current side only reaches this point.

(Signatures of the parties and Notary)

sabato 10 novembre 2007

Lawyer Santo De Prezzo
Legal adviser
Lecce Court District - Brindisi
Puglia -Italy


email address
santodeprezzo@gmail.com