Fact Sheet: Real Estate Agent in Italy
Real estate agent in Italy: the real legal framework
⚠️ Informal arrangements work most of the time, and that’s perfectly fine. But the day it goes wrong, custom no longer decides: the law does. And here, Italian law is unusually clear compared to other neighboring countries.
But… are you allowed to purchase any real estate in Italy?
Before you even pick an agent, check that your nationality allows you to buy: see our post Property in Italy: who may buy what?
Who’s actually allowed to call themselves a « real estate agent »?
Unlike Spain, registration is compulsory in Italy: Law n. 39/1989 requires enrolment in the REA (Repertorio Economico Amministrativo) at the relevant Chamber of Commerce to legally practise as a mediatore. An unregistered agent — a « mediatore abusivo » — has no legal right to any commission at all: Italian courts have repeatedly denied payment to unregistered intermediaries, even when the deal went through successfully thanks to their involvement.
Who does the agent actually work for, legally? A very clear answer!
This is where Italy stands apart. Article 1754 of the Civil Code defines the mediatore as someone who brings two parties together « without being tied to either of them by a relationship of collaboration, dependency, or representation. » Neutrality here isn’t just a tolerated market habit — it’s a legal duty built into the profession itself, a genuine « duty of impartiality » that holds until the deal is concluded. Article 1755 draws the direct consequence: since the mediatore legally represents neither side specifically, they’re entitled to a commission from both parties at once. That’s the real, legally grounded reason — not an accident of commercial custom — why the buyer also pays a commission in Italy.
How much does this double commission cost?
No rate is fixed by law — Article 6 of Law 39/1989 defers to whatever the parties agree, or failing that, to local Chamber of Commerce customary rates. In practice, typical figures run around 3% on the seller’s side and 3% on the buyer’s side, plus VAT, though these remain negotiable and vary with the complexity of the deal.
Can an agent show you a property that isn’t in their portfolio?
Nothing in the law prevents it. The Italian market often operates without strict exclusivity: the same property can be listed by several different agencies, sometimes at different prices — a direct result of there being no legal exclusivity requirement, not market disorder.
If it goes wrong, who’s liable?
Since 1 January 2018, an agent practising without adequate professional civil liability insurance risks an administrative fine of €3,000 to €5,000, on top of their own contractual liability toward the parties if their negligence caused harm. Mandatory REA registration remains the buyer’s first line of protection: it guarantees the agent meets the minimum legal requirements to practise, and that they can be identified and pursued if something goes wrong.
Independent inspection: a different job, a separate step
The agent showing you a property is a sales professional, not a construction one — nothing in their training or their commercial interest guarantees they’ll spot, let alone volunteer, a structural defect. Always have the property inspected by a genuinely independent building professional, chosen by you, outside any interested recommendation from the agency. In Italy, the independent Pro who does that is the Geometra.
This check should never run through the agent’s commission or be arranged between the two of them — the moment the inspector is paid or referred by the same commercial chain as the seller, their independence suffers, even without any ill intent on their part.
How to work within this framework, without bending it
Check your agent’s REA registration before committing — this is a right, not excessive suspicion, and it protects you against a « mediatore abusivo » with no recognised legal standing. Understand from the outset that the double commission you’ll pay as a buyer isn’t an anomaly to haggle away on principle, but a direct legal consequence of the neutrality the law imposes on your agent — a different system, neither worse nor better than the North American model, just built on a different logic. And as everywhere, have the property inspected by a geometra or an independent building professional: the agent’s legal neutrality guarantees nothing about the building’s technical condition — that’s simply not their role.
🇬🇧 This article was written in September 2026. Laws and regulations can change without notice. Please verify all details at the time of reading — and consult a professional, you’ll find one in our directory!
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