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Argentina real estate agents

Advice Buying Properties For Sale Argentina Real Estate Property Buyers Guide



You have found a property you wish to purchase in Argentina what next?

Argentina propertyBuying Property in Argentina - Costs of Purchasing Property

Argentina Property Buyer's Guide explains the legal fees, legal procedures, real estate purchase taxes and mortgage procedure.


Step 1

Seller must obtain a domain certificate and a personal inhibition certificate from the Real Property Registry.

Time to complete: 14 days (regular errant) or 2 days (urgent errand).

Cost to complete: Domain Certificate: ARS 42 (regular errant) or ARS 72 (urgent errant)

Personal Inhibition Certificate: ARS 37 (regular errant) or ARS 67 (urgent errant)

Comments: The domain certificate sets forth that the property is free and clear of liens and or encumbrances The personal inhibition certificate sets forth that there is no judicial order restraining the seller from disposing his assets.

The domain certificate automatically blocks the property for a period of 25 to 30 calendar days (depending on whether the public notary is registered or not in the Province of Buenos Aires) during which no lean on the property or transfer of the property may be registered Fees are usually paid by the seller (but it is negotiable between buyer and seller)

Step 2

A surveyor measures and values the property.

Time to complete: 14 days

Cost to complete: ARS 300 (paid by seller)

Comments: In order to execute the public deed with the intervention of a notary public, it will be needed to obtain a certificate issued by a surveyor describing measures, boundaries, and tax appraisal of the tract of land and buildings. A surveyor, then, must go to the property and take the appropriate measures.

Step 3

Obtain a certificate issued by a surveyor describing measures, boundaries, and tax appraisal of the tract of land and buildings (may not be necessary).

Time to complete: 1 day

Cost to complete: Already paid in Step 2

Comments: This certificate issued by the surveyor, is needed for the execution of the public deed, is given to the seller. It is not necessary to get new certificates for each transference since they are valid for all transactions executed before their expiration date (1 year since issuance in the case of land and 2 years in the case of buildings). However, it is included as another Step because it is most probable that a new surveyor certificate will be required.

Step 4

The public deed is executed by the parties with the intervention of a notary public

Time to complete: 14-28 days

Cost to complete: Notary public fees: 1-1.5% of the purchase price (usually paid by buyer)

Stamp Tax: 4 % of the purchase price (usually paid jointly) Transfer Tax: 3% of the purchase price (paid by seller) (1.5% if the seller is a person rather than a company)

Comments: The public deed is the only document which is mandatory by law to transfer title to a property. As possession is required together with the title (public deed) to acquire real property, prior or upon the execution of the public deed the buyer must be put in actual possession of the property. Transactions subject to Capital Gains Tax are not subject to Transfer Tax (this is the case when companies are parties to the transaction).

Capital Gains Tax is paid by the seller. However, this tax is not applicable if the money collected by seller for the transfer of property is used to buy another property within a year of the sale or for the construction of a new property. In this last case, for the tax waiver to apply, the construction has to start a year after or a year before the transaction and it has to be completed 4 years after the date of the transaction.

The notary will retain the 3% for the transfer tax, but if the transaction is subject to Capital Gains Tax (CGT), he will use this amount to pay the CGT.

It is most likely that for mid-size and large companies a broker participates in the transaction If the transaction has been arranged through a broker, his fees will be about 3% of the purchase price

Documentation shall include: - Domain Certificate (obtained in Step 1)

Personal Inhibition Certificate (obtained in Step 2)

Certificate issued by a surveyor describing measures, boundaries, and tax appraisal of the tract of land and buildings (obtained in Step 3)

Receipt of payment of all taxes and utilities related to the property, or affidavit issued by the pertinent authority or public utility certifying that there is no debt

Tax ID for each party (CUIT/CUIL/CDI)

Powers of attorney or pertinent company's resolution approving the transaction and empowering the signing parties.

Step 5

After the execution of the public deed, the notary public files the property transfer for registration with the Real Property Register.

Time to complete: 28 days (regular errant) or 7 days (urgent errant)

Cost to complete: ARS 42 (regular errant) or ARS 84 (urgent errant)

Comments: Upon registration, the buyer will have perfect and complete title to the property.

The registration fees are usually paid by the buyer.

It is a common business practice that after the seller and the buyer have agreed on the price, the buyer makes a symbolic down-payment (earnest money) in assurance of his earnest and good faith and the seller signs a document (reservation of property) trough which he agrees on the price and undertakes the obligation not to further offer the property to third parties.

If the buyer decides not to complete the transaction without a reasonable justification, the seller is entitled to keep the earnest money as indemnification. On the other hand, if it is the seller who decides not to complete the transaction without a reasonable justification, he shall refund the earnest money and pay an equal amount as indemnification.

While the notary public prepares the material for the granting of the public deed, both parties are usually willing to secure the transaction and establish all the terms and conditions on the purchase. It is also common practice that the parties enter into a binding purchase agreement. The purchase agreement does not transfer title to the property, but it is enforceable and it provides legal remedies for the parties in case one of them defaults on one of his obligations.

It is customary that the buyer makes a significant down payment (approximately 25%) upon execution of the purchase agreement. Medium size and large companies tend to engage their legal counsel in these processes. It is likely that the parties will retain a public notary in order to certify the signatures of the parties.

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These guidelines are meant for guidance only and describe straightforward purchase scenarios. However this information is not meant to replace proper legal advice, which we always insist you take.



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