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Learn how a power of attorney works for real estate transactions in Italy.
The Barsotti Law Firm in Lucca, with lawyers specialized in real estate law and fluent in English, assists Italian and foreign clients in buying or selling property in Italy through notarized powers of attorney.
- What Is a Power of Attorney and Why It’s Important in Real Estate Transactions
- General Power of Attorney
- Special Power of Attorney
- Power of Attorney for Buying or Selling Real Estate under the Italian Civil Code
- How a Power of Attorney Works in Real Estate Transactions
- The Barsotti Law Firm: Lawyers Specialized in Real Estate Law and Powers of Attorney
What Is a Power of Attorney and Why It’s Important in Real Estate Transactions
A power of attorney is a legal instrument through which one person (the principal) authorizes another person (the attorney-in-fact or proxy) to act on their behalf and perform one or more legal acts.
In the context of a real estate transaction, a power of attorney allows someone to buy or sell property in Italy even without being physically present, ensuring full legal validity and protection for the parties involved.
There are two main types of powers of attorney: general and special (or specific).
General Power of Attorney
A general power of attorney grants broad and continuous powers to the proxy, who can manage multiple affairs on behalf of the principal — including signing contracts, handling assets, and representing the principal before third parties or public authorities.
This form of power of attorney requires great trust, as the lawyer or representative will be able to act independently within the limits specified in the document.
Special Power of Attorney
A special power of attorney is limited to one specific act or transaction.
It is the most common form used in real estate transactions, allowing the principal to appoint a trusted lawyer or representative to finalize the sale or purchase of a property, land, or building.
Through this instrument, clients can complete a property transaction in Italy even from abroad, while maintaining full control over the terms and conditions.
Power of Attorney for Buying or Selling Real Estate under the Italian Civil Code
The Italian Civil Code, Articles 1392 and following, regulates the rules on legal representation and powers of attorney. The main provisions include:
• Article 1392 – Granting of Representation: representation is conferred through a power of attorney, which must be made in the same form as the act to be performed. Therefore, a power of attorney for the sale or purchase of real estate must be executed as a public deed before a notary.
If the principal is in Italy, the power of attorney must be signed before an Italian notary; if the principal is abroad, it can be executed before the Italian Consulate.
• Article 1393 – Notice of Revocation: revocation of a power of attorney must be communicated to the representative and to third parties; otherwise, acts performed in good faith remain valid.
• Article 1394 – Conflict of Interest: the act is voidable if the representative acts in a conflict of interest with the principal.
• Article 1396 – Termination of Representation: representation ends upon revocation, resignation, death, or incapacity of either party, unless otherwise agreed.
• Articles 1397 and 1399 – Ratification: if someone acts without authority, the principal may ratify the act, making it retroactively valid as if the power of attorney had existed from the beginning.
• Article 1398 – Liability of Unauthorized Agent: anyone acting without proper authority is personally liable for damages caused to third parties.
• Article 1403 – Contract for a Person to Be Named: governs contracts made on behalf of a person to be named later, a concept similar to representation and the power of attorney.
In short, a power of attorney for selling or buying property in Italy must always be executed before a notary or the Italian Consulate, since it must have the same legal form as the deed of sale (public deed).
Only in this way will the real estate transaction be valid and fully effective under Italian law.
How a Power of Attorney Works in Real Estate Transactions
Through a special power of attorney, the principal can authorize a lawyer or trusted person to:
• sign a preliminary or final sale and purchase agreement;
• negotiate the price and payment terms;
• represent them before the notary and other parties involved;
• perform any necessary act to complete the real estate transaction.
This type of real estate power of attorney is particularly useful for clients living abroad or unable to attend the signing in person.
The appointed lawyer acts strictly within the granted authority, ensuring compliance with Italian law and the client’s best interests.
The Barsotti Law Firm: Lawyers Specialized in Real Estate Law and Powers of Attorney
The Barsotti Law Firm, based in Lucca (Italy), has been operating for over twenty years in the field of real estate law and property transactions, offering comprehensive legal assistance to both Italian and foreign clients.
Our lawyers are fluent in English and have extensive experience in drafting special powers of attorney, handling real estate sale and purchase agreements, and safeguarding investments in Italy.
The firm assists clients who wish to buy or sell property in Italy, even from abroad, managing the drafting and legalization of notarized powers of attorney and all necessary documentation before notaries or consular offices.
With a solid international background and a deep understanding of the Italian real estate market, the Barsotti Law Firm is a trusted partner for anyone seeking an experienced real estate lawyer in Italy.
If you need assistance with a power of attorney or a real estate transaction in Italy, contact the Barsotti Law Firm in Lucca today.
An experienced real estate lawyer will guide you through every stage — from reviewing the documentation to signing the final deed — even if you are located abroad.
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