# Requesting advice on how to check if an Italian real estate agent is registered



## qae

I keep seeing warnings on the importance of making sure the real estate agent you're using in Italy is actually registered with the Chamber of Commerce (camera di commercio) but nowhere can I found details on HOW to do this. Is it possible online or only by having the real estate agent show you their certificate/patentino (which could theoretically be forged, right? I also can't find any examples of what this certificate is supposed to look like.) I was able to find the names of real estate agencies listed at the registroimprese.it but I think this is only their general business registration (REA number aka Repertorio Economico Amministrativo number). Does anyone know if the professional register for real estate agents/mediators (if it exists) is available online somewhere that I can check? I've seen this professional register called "Ruolo Agenti Affari in Mediazione" (?) by an Italian blogger. Finally, if for some reason it isn't possible to verify the registration of an Italian real estate agent online, do you know if an Italian notary would automatically determine if the person you and they are working with is actually registered as a real estate agent or not?


----------



## NickZ

I doubt the notaio will check for you. Is this a small independent? Or one of the large estate agent chains?

If you're worried I'd suggest getting a lawyer to look things over for you.

Both the notaio and the agent are supposed to be independent from either party. If you want somebody to protect you it's either up to you or a good lawyer.


----------



## GeordieBorn

Don’t be surprised if you find a Notaio and agent working together. I have seen a post on another forum long time back where someone did give a site whereby you could check an agents registration. Hopefully someone will come up with such for you, in the meantime I’ll see if I can track it down, but it was way, way back.


----------



## qae

NickZ said:


> I doubt the notaio will check for you. Is this a small independent? Or one of the large estate agent chains?
> 
> If you're worried I'd suggest getting a lawyer to look things over for you.
> 
> Both the notaio and the agent are supposed to be independent from either party. If you want somebody to protect you it's either up to you or a good lawyer.


Thank you for responding. It’s a regional independent but “seems” to be a large one with around 2000 properties listed.
I was under the impression that the notary makes sure that the real estate agent gets their commission if they’re registered. Is that not correct? This is why I thought maybe they would or could make sure that the agent is even legit.


----------



## qae

GeordieBorn said:


> Don’t be surprised if you find a Notaio and agent working together. I have seen a post on another forum long time back where someone did give a site whereby you could check an agents registration. Hopefully someone will come up with such for you, in the meantime I’ll see if I can track it down, but it was way, way back.


Thank you!


----------



## NickZ

qae said:


> Thank you for responding. It’s a regional independent but “seems” to be a large one with around 2000 properties listed.
> I was under the impression that the notary makes sure that the real estate agent gets their commission if they’re registered.


In my experience you pay the agent directly. The Notaio takes the money for the property, his fees and the taxes. 

The agent is usually paid the step before the final closing. 

At least that's my memory.


----------



## qae

NickZ said:


> In my experience you pay the agent directly. The Notaio takes the money for the property, his fees and the taxes.
> 
> The agent is usually paid the step before the final closing.
> 
> At least that's my memory.


This is where I got the impression that the notary may have to make sure that the real estate agent gets paid:


Real estate sale: the documents to bring to the notary – Italian Lawyer Magaraggia Law Firm – Real Estate Legal Advice


“The buyer...must provide the notary...if an agency intervened, the data of the same, the agreed commission and the copy of the documentation showing what has already been paid.”

That’s why I’m wondering if that’s part of their obligations or if it just has to do with the stipulations of the contract.


----------



## NickZ

That can just be a copy of the cheque. It's not about protecting you it's about making sure the agent pays income tax .


----------



## qae

NickZ said:


> That can just be a copy of the cheque. It's not about protecting you it's about making sure the agent pays income tax .


Interesting. In the US, it would be the responsibility of the agent to report their income and the buyer wouldn’t be involved in something like that. Thank you for the clarification.


----------



## NickZ

qae said:


> Interesting. In the US, it would be the responsibility of the agent to report their income and the buyer wouldn’t be involved in something like that. Thank you for the clarification.


The notaio is an agent of the government. They are responsible for calculating purchase taxes and all the other legal hurdles. 

The agent still needs to report their income but this just stops them from forgetting.


----------



## modicasa

Any legal agent must have an REA number and it must be displayed on their website etc. You can search for a legal agent here: Registro Imprese | I dati Ufficiali della Camera di Commercio 
It may be that your agent is a sole trader so they may be registered under their name or the name of their company.
If the agent is a member of FIAIP (The Italian Federation of Agents) you know they are legal and have a code of practise. 
Dont be afraid to ask the agent about their legal status. It's your right to know.


----------



## modicasa

As regards paying the agent - the commission paid to the agent must be listed in the act of sale, the amount and how he was paid. If the agent is not written into the act of sale, the law says there was no agent, and the parties lose all legal comeback if the property was not as described. The notary will ask you if there was an agent used in the sale. If you don't tell the truth it is a false declaration in a public act and has a 10000 euro fine and now also a possible jail term.


----------



## qae

modicasa said:


> Any legal agent must have an REA number and it must be displayed on their website etc. You can search for a legal agent here: Registro Imprese | I dati Ufficiali della Camera di Commercio
> It may be that your agent is a sole trader so they may be registered under their name or the name of their company.
> If the agent is a member of FIAIP (The Italian Federation of Agents) you know they are legal and have a code of practise.
> Dont be afraid to ask the agent about their legal status. It's your right to know.



Super helpful! Thank you.


----------

