Notarial Error: When is it Possible to Claim Compensation

The execution of a notarial deed represents a moment of fundamental importance, based on the trust placed in a professional who guarantees the legality and formal and substantial correctness of the operation. However, even a notary can make errors, omissions, or negligences whose economic consequences can be very serious for the client. Understanding when and how it is possible to act to obtain fair compensation is the first step to protecting one's rights. As an expert lawyer in damages compensation in Milan, attorney Marco Bianucci assists those who have suffered prejudice due to the notary's professional conduct, providing a rigorous analysis and targeted legal support.

The notary's liability is a professional liability that arises when, in the exercise of their functions, they do not perform with the diligence required by the nature of their activity. This is not limited to merely verifying the conformity of the deed to the will of the parties, but extends to a broader consulting and control activity. The notary is obliged, for example, to carry out mortgage and cadastral surveys, to verify the absence of encumbrances or foreclosures on the property, to advise on the most suitable legal form, and to ensure that the deed achieves the practical purpose desired by the parties, in full compliance with the law.

The Notary's Professional Liability: The Regulatory Framework

The notary's liability is based on the Civil Code and the Notarial Law. It is a contractual liability towards direct clients and, in certain cases, extra-contractual liability towards third parties who have suffered damage due to the flawed deed. To obtain compensation, three fundamental elements must be demonstrated: the notary's error or negligence, the existence of a concrete and quantifiable economic damage, and the causal link, meaning proof that the damage is a direct and immediate consequence of the error committed. Not every inaccuracy is a source of liability, but only those that violate specific duties and that, with diligent conduct, could have been avoided.

Main Types of Notarial Error

The errors that can give rise to a claim for compensation are varied and depend on the nature of the deed. Among the most common are the failure or incorrect execution of mortgage and cadastral surveys, which can lead to the purchase of a property encumbered by undeclared mortgages; the incorrect identification of the property or parties; the drafting of a will with formal defects that cause its nullity; or, the failure to inform the parties about crucial tax or legal aspects for the operation. In each of these circumstances, the damage can manifest as a direct economic loss or as a loss of profit.

The Approach of Bianucci Law Firm

Addressing a claim for compensation for notarial error requires technical competence, precision, and a clear strategy. The approach of attorney Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on an extremely detailed preliminary analysis of all documentation, including the notarial deed, surveys, and correspondence exchanged. The objective is to identify the error with certainty and precisely quantify the damage suffered. Subsequently, a formal notice of default is sent to the notary and their insurance company, a necessary step to initiate an attempt at out-of-court settlement. The firm always prioritizes a negotiated path, but is prepared to undertake legal action with determination if a satisfactory agreement for the client is not reached.

Frequently Asked Questions

How much time do I have to claim compensation for a notarial error?

The right to compensation for damages arising from the notary's contractual liability generally prescribes in ten years. The term runs not necessarily from the date of the deed, but from the moment the damage became apparent and the injured party became aware of it. It is essential to act promptly to avoid losing the right.

How is the notary's error proven?

Proof of the error is based on a technical analysis of the deed and related documentation. It is often necessary to use technical expert reports to demonstrate, for example, the existence of an unrecorded mortgage or an unreported urban planning defect. The legal defense focuses on demonstrating that the professional did not act with the qualified diligence required by their role.

Is compensation paid by the notary or their insurance?

By law, every notary is obliged to take out a professional civil liability insurance policy. Therefore, in most cases, the compensation claim is managed and settled directly by the notary's insurance company, which becomes the main interlocutor in the out-of-court phase and in any eventual litigation.

Contacts for an Evaluation of Your Case in Milan

If you believe you have suffered damage due to a notarial error and wish to understand the concrete possibilities of obtaining compensation, you can contact the Bianucci Law Firm. Attorney Marco Bianucci offers an initial in-depth evaluation of the case to outline the most effective legal strategy to protect your interests. A clear and professional analysis is the first step to transforming a complex problem into a concrete solution.