An Italian agente immobiliare must be registered with the Chamber of Commerce. How to verify it and why both sides usually pay.
In Italy the profession of real estate mediator is regulated, and a buyer can verify an agent with an ordinary company extract. The difference from some other countries is the commission: both sides often pay, so you should expect an invoice. This guide is informational and is not legal advice.
Is the profession regulated?
Yes. The basic law is Law 39/1989. The old register of mediators (the ruolo) no longer exists: it was abolished by Legislative Decree 59/2010, and today the mediator starts activity by filing a SCIA with the Chamber of Commerce and is annotated in a special section of the REA, the Economic and Administrative Repertory kept by the chambers. Requirements described in guides include Italian or EU citizenship and residence, a clean record, a regional qualifying course and an exam at the Chamber. The chamber reviews requirements periodically, and an agent who loses them can be removed.
The legal consequence matters for you. Legal commentary reports that an unregistered mediator has no right to a commission and must return what was paid, citing rulings of the Court of Cassation (including joint chambers in 2017 and a later judgment in 2023), and that mediating without registration can bring an administrative fine. I did not open the statute or the judgments, so treat those figures as indicative and ask a lawyer.
Where to check
- Ask for the agent's company name, tax number (partita IVA) and the REA number.
- Request or ask a lawyer to obtain a company extract (visura camerale) from the Registro Imprese, which, according to legal commentators, shows whether the mediator is annotated in the REA. The same registry shows the legal entity, its address, its administrators and its status.
- Check that the person who deals with you appears in the company's entry. Guides say that anyone who deals with the public for the business must also appear in its REA entry.
- Compare the company name with the one in the proposal form, the commission clause and the invoice.
How the commission works
Under the Civil Code (art. 1755) a mediator may claim a commission from each party if the deal is concluded thanks to their intervention. In practice, in Italian resales both seller and buyer usually pay, and the percentage depends on local custom. One chamber's published collection of local usages in the Turin area gives 3 percent from each side, payable at signing of the preliminary contract (or the notarial deed if there is none); guides report ranges of roughly 2 to 4 percent per side in different places. These are customs, not a national tariff, and the mandate you sign prevails.
What to ask for in writing:
- The percentage, whether VAT is added, and the moment when it is earned.
- What happens if you sign a purchase proposal (proposta d'acquisto) and the deal later falls through. One summary says the parties can agree that the commission is due when a proposal is accepted under the stated conditions even if the final contract is not concluded. I could not confirm how this works in practice, so read the clause and ask a lawyer before you sign a proposal with a deposit.
- Whether you are bound to the agency exclusively and for how long.
See who pays the estate agent and whose side they are on and contracts and forms that bind you.
Red flags
- The agent cannot give a REA number or a company name, or the extract shows a different company.
- You are asked to sign a purchase proposal with a deposit before you have seen the cadastral data and the title.
- The deposit is requested to a private account or to a country different from the one where the company is registered.
- The agent does not explain the commission and says "it is normal" without a written figure.
- "Their" notary or technician is presented as obligatory. In Italy the notary is chosen by the buyer, and the choice is a separate decision. See lawyer recommended by the agent or developer.
General patterns: property scams abroad: the most common schemes.
What an independent adviser adds
Registration shows that the agent may mediate. It does not check the property. A lawyer or technician who is not paid by the agent can check cadastral data and urban-planning compliance, mortgages and other charges, and the contents of the proposal and the preliminary contract. See notary or lawyer: who do you need abroad and the Italy resale checklist.
How we help
D.H. Realting is a Warsaw-based independent consultant that vets local lawyers and agents before introducing them. This text is informational and is not legal, tax or investment advice.