Real estate - Purchase agreement - Lack of certification of agibility costs the seller a lot (Avv. Giulio Corsini)
The Tribunal of Rome in its ruling n.12624 published on 5.9.2023 upheld the claim for damages made by two buyers, defended by Giulio Corsini, against the seller/constructor of an apartment located in Rome for lack of agibility. The seller/constructor had declared in the public notarized contract of sale/purchase that he was not in possession of the certification of agibility, but that he had submitted the related application to the municipality, of which he indicated the protocol number and filing date, accompanied by the necessary documentation. The buyers circa eight years after the purchase, still not having received the agibility certificate from the seller, victoriously took legal action for damages against the latter. According to the judgment of the Court of Rome the damages is to be found in the difference between the price paid for the purchase and the market value of the property without agibility estimated by the court-appointed technical expert (CTU).