When buying a property abroad buyers often relies on professional intermediaries in order to reduce risks of all kind and complete the purchase safely.
Infact, even if a real estate agent is engaged, the risk of buying a property – which turns out to be an unauthorized building – remains, and the real estate agent may inevitably be held liable.
The Italian Supreme Court, with the sentence no. 784/2020, has confirmed that the real estate agent is required, by virtue of the performance of his duties and in accordance with the normal diligence required by his role, to carry out the necessary checks in order to inform, promptly and fully, the purchaser of the existence of building violations on the property for sale
In conclusion, an estate agent who, by failing to exercise due diligence, fails to check for building violations on the property – and as a result of such failure causes harm to the purchaser – may be held liable for the damage caused, in addition to the loss of commission for the real estate transaction.