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Contractual liability of the notary who fails to verify whether the property is burdened by prejudicial transcriptions.

  • 30/06/2020

The Court of Cassation, with sentence no. 11296/2020, established that, for the notary requested for the preparation and drafting of a public deed of real estate transfer, the prior verification of the freedom and availability of the property and, more generally, of the results of the real estate registers through their visura, constitutes , unless expressly waived by the agreement of the parties, an obligation deriving from the assignment conferred by the customer, the failure to comply with which gives rise to ex contractu liability for non-fulfillment of the intellectual work obligation.

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