Real Property Law
Cal. Real. Prop. Journal VOLUME 44, ISSUE 2, JULY 2026
Content
- The Italian Real Estate Agent's Role In the Purchasing Property Process and How It Differs From Its American Counterpart
- 2025-2026 Executive Committee of the Real Property Law Section
- Inside This Issue
- A Declaration of Independence: a Proposal To Break From the Past By Adopting the Standard Partition Act
- A Yacht Named Change Order: California's Private Works Change Order Fair Payment Act
- Anti-slapp Motions In Real Property Litigation
- Chair Letter
- Editorial Board
- Letter From the Editor
- Permitting the Grid: Power and Preemption In California's Energy Infrastructure
- Proposed Standard Partition Law
- Update: Courts Make the Case For Adoption of the Uniform Easement Relocation Act
THE ITALIAN REAL ESTATE AGENT’S ROLE IN THE PURCHASING PROPERTY PROCESS AND HOW IT DIFFERS FROM ITS AMERICAN COUNTERPART
Written by Antonello Pierro*
INTRODUCTION
This article examines the role of the real estate agent in the Italian legal system, highlighting the structural and functional differences from the U.S. model, particularly the agent’s legally mandated neutrality and lack of party representation. It further analyzes the legal implications of agent engagement and brokerage fees, offering practical safeguards for foreign buyers to mitigate transactional risk and ensure the proper completion of property purchases in Italy.
This article analyzes the legal status and function of the real estate agent within the Italian legal system, emphasizing the agent’s role as a neutral intermediary and the fundamental divergences from the U.S. brokerage model based on party representation. It further examines the legal framework governing the agent’s engagement and entitlement to brokerage fees, with particular attention to the risks faced by foreign purchasers and the contractual mechanisms necessary to ensure legal certainty and the orderly completion of real estate transactions in Italy.