Buying or selling a home is one of the most important personal, family, and financial milestones in life. Yet, when it comes to negotiations, one topic that still causes confusion is the real estate agent’s commission.
When is the fee due? Why does mediation involve both the seller and the buyer? And above all: what goes on behind the scenes at an agency beyond showing the property?
In this article, let’s explore what the regulations say and highlight the true value of professional mediation.
The Super Partes Role: Why Mediation Protects Both Parties
The first misunderstanding concerns the very nature of the profession. A real estate agent is neither a simple “salesperson” nor a biased consultant representing only one party’s interests.
Under the Italian Civil Code (Art. 1754), the broker (real estate agent) is a super partes figure: a neutral and impartial professional who brings two or more parties together to conclude a transaction, ensuring fairness and integrity for both sides.
Because the law requires the agent to equally protect both seller and buyer—unless otherwise agreed in writing—the commission is due from both parties. The fee compensates for guaranteeing a negotiation conducted with technical impartiality and transparency, which are essential to meet everyone’s needs in complete safety.
When Is the Right to Commission Triggered, and When Is Payment Made?
There is an important distinction between when the legal right to a commission arises and when payment is actually made according to best agency practices.
What the Law Says (The Legal Timeline)
Pursuant to Art. 1755 of the Italian Civil Code, the right to a commission arises the moment the deal is concluded. Legally speaking, a deal is considered concluded when the offeror learns that the seller has accepted the purchase offer, thereby creating a legally binding agreement between the parties.
Casani Immobiliare’s Transparency Practice (The Practical Timeline)
Although the legal right technically arises upon acceptance of the proposal, Casani Immobiliare’s standard operational practice—in line with FIAIP guidelines—is to collect the fee at the time of signing the preliminary purchase agreement (the compromesso) or upon the fulfillment of any suspensive conditions (such as mortgage approval).
This ensures that clients pay the fee when the purchase journey is firmly established, secure, and backed by fully verified technical and legal documentation.
What Is Behind the Percentage? The Value of Professional Work
There is a widespread misconception that a real estate agent’s work consists solely of accompanying a potential buyer to view a property. In reality, the viewing appointment is merely the visible top of the iceberg.
“Showing people a home is only the final step of extensive preliminary work,” explains Simone Casani. “Our goal is not to bring as many people as possible into a house, but to identify genuinely interested leads whose needs align with the property’s features right from the start. Screening, discretion, and thorough checks are what turn a simple viewing into a smooth and secure transaction.”
Here is what the agency’s service and protection concretely include:
- Market Analysis & Realistic Valuation: No rough estimates. Real local market parameters and current market dynamics are analyzed to determine accurate market value and position the property effectively.
- Needs Assessment & Buyer Screening: By analyzing buyers’ actual requirements and timelines upfront, we only match buyers whose life plans align with the property. This means fewer unnecessary viewings for sellers, zero wasted time for buyers, and maximum respect for home privacy.
- Targeted Marketing & Property Presentation: We ensure maximum property visibility across major real estate portals and agency social channels. Additionally, for exclusive sale mandates, we offer dedicated high-quality services such as professional photoshoots and virtual tours to showcase the property at its best.
- Urban Planning, Cadastral & Document Verification: Rigorous checks on title deeds, land registry records, floor plans, and urban planning/cadastral compliance. Ensuring all documentation is in order before starting negotiations is the true heart of client protection.
- Negotiation Management & Contract Drafting: Conducting negotiations with balance, drafting preliminary contracts, and guiding both parties right up to the final notary deed with complete peace of mind.
Real Estate as a Qualified Profession: Licensing and FIAIP Guarantees
Not everyone working in the real estate sector is licensed to do so. Practicing as a real estate agent requires passing a State licensing exam, meeting moral and legal criteria, and being officially registered with the Chamber of Commerce.
The Risk of Unlicensed Practice
Anyone acting as an agent without proper registration is operating illegally. By law, anyone who is not a licensed broker has no legal right to a commission. Relying on unlicensed individuals means putting your property—and your savings—in the hands of people who lack professional liability insurance and necessary legal safeguards.
The Assurance of FIAIP Membership
Membership in a professional association like FIAIP (Federazione Italiana Agenti Immobiliari Professionali) serves as an added seal of trust for both sellers and buyers.
As FIAIP members and executives, we abide by strict codes of ethics and undergo continuous professional training on tax and urban planning regulations—a constant commitment to managing every property with the transparency, expertise, and respect it deserves.
Looking to Buy or Sell a Home with Total Peace of Mind?
Rely on the transparency and experience of Casani Immobiliare. Contact us today for a consultation and discover how to best present and protect your property.
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