Giambrone wins leading professional negligence case in Italy Borgo di Colleoli

Giambrone - the Anglo-Italian law firm that provides legal services across a wide variety of practice areas – is pleased to announce an out-of-Court settlement in a professional negligence case against a leading Scottish law firm, now in administration, and its professional indemnity insurers.

Giambrone has succesfully represented 29 UK and Irish investors who purchased holiday homes in Borgo di Colleoli (Palaia, Tuscany) between 2004 and 2006 in a professional negligence claim against their former lawyers who failed to ensure that all existing charges and mortgages would be removed from the title deeds before each transfer of ownership was executed by the Italian Notary.

Under Italian law, any mortgage attached to a property is transferred from the vendor to the buyer unless adequate due diligence takes place, and thorough checks are made to ensure that the property is free from liens or encumbrances.

“This leading case shows the importance of instructing an Italian lawyer when buying a new property abroad – says Serena Torrente, Associate Lawyer in the Italian Real Estate Department – I routinely advise international clients when buying a new property in Italy and my main tasks include extensive review of all legal documentation provided by the vendors’ representatives or the estate agents, to give my clients the confidence that their property investment is safe. It is not unusual for us to refer some clients to surveyors or architects when further due diligence is required as I usually recommend to spend a bit more at the outset for the extra peace of mind, since it is of paramount importance that every aspect of the documentation is vetted before a preliminary contract is signed”

The case was settled without the need of issuing legal proceedings, as both sides agreed to resolve the legal dispute by mediation.