Argentina Real estate attorney

Buying and selling or even renting real estate property involves much more than finding someone who wants to sell or rent a property you like, pay the sale price or rent, shake hands and then move in. If it were that easy, we would have no need for an Argentina real estate lawyer.

What is Real Estate Law?

Real estate law comprises of the statutes and regulations that govern the rights and interests of stakeholders in real estate, and involves both commercial and residential properties. The law provides protection for these stakeholders who include sellers, buyers, landowners, realtors, estate brokers, developers, builders, contractors, surveyors and real estate agents. 

There are several legal issues that arise in real estate, they are: sale and purchase of properties, leasing and other transfers of properties; verifying of title to property; representation in settlement of property claims or exercising of property rights; tenancy agreement and landlord-tenant issues; property development and construction approvals; zoning, environmental issues, agriculture and land use; mortgages, foreclosures and auction; securitization of real estate investments; etc.

What Does an Argentina Real Estate Attorney Do?

Your Argentina real estate lawyer will be the one to handle the transactional aspect of your real estate involvement. The lawyer would draft all related legal documents, negotiate prices and close transaction deals.
One major reason people involve a lawyer in their real estate dealings is the investigations that would be carried out by the lawyer for the client before concluding transaction. This investigation called due diligence will include an inspection of the property to ensure the physical features are not contaminated thereby causing damage to the environment; and a review of all documents attached to the property to ensure they are in order and in compliance with relevant statutes.
Reviewing of the property’s documents will lay bare the title of the seller, and help the lawyer ascertain whether it is genuine or not. The property document review will also inform on whether there are any encumbrances on the property like mortgage, easements, liens and also tax liens.
To validate a real estate transaction, certain filings have to be made in some government agencies. Your Buenos Aires real estate lawyer will make sure all the appropriate documents are filled and necessary stamps and verification obtained.
Of course, when you get involved in a real estate dispute, your lawyer will represent you, whether in arbitration or in court. There are several instances where real estate disputes may arise such as a breach of contract, arrears in rent, foreclosure, disclosure or deposit issues, zoning compliance and boundary disputes among others.

What Can Happen Without an Argentina Real Estate Attorney?

While it isn’t mandatory to have an attorney represent you in an Argentina real estate transaction, benefits abound that would save you from little mistakes which could invalidate your real estate transaction.
Without an attorney, the other party could fail to fulfill certain obligations like making full disclosures, clearing the title of encumbrances, obtaining certain certifications and permits, keeping property safe, not diverting deposit for other illegal means and other obligations required by law.
Without a lawyer, you could become liable to fines where you unknowingly contravene relevant laws. The absence of a lawyer could increase your chances of being duped by dubious person claiming to act on behalf of a nonexistent company. Your lawyer would definitely have carried out an investigation on the genuineness of the company.
So, save yourself unnecessary headache and hire an Argentina real estate attorney to represent you. Contact us to schedule a consultation with one of our lawyers. Although there is no guarantee having a lawyer with you will totally exclude you from any litigation or dispute, however, the presence of a lawyer in your dealings would drastically mitigate the development of any annoying situation.

Argentina Debt Collection Lawyer

It’s always annoying when a creditor finds out that a debtor has suddenly become unavailable or unreachable. If this describes your current situation, then you might be in need of an Argentina debt collection lawyer.

There are however certain conditions that must be met before taking the route of getting a debt collector lawyer involved. Ensure you have explored all available means of claiming your money. Are your records and documents in order? Usually the correct order is to first send a letter, then a follow up letter (where there was no response to the initial letter, and finally a demand letter before calling on your lawyer. Failure to follow this order could hinder your successful claim to your money if matter goes to court.

What Does a Buenos Aires Debt Collection Attorney Do?

Argentina debt collection lawyer will help a creditor come up with legal strategies that will get the loaned money back. In addition, where paper work (demand letter, court processes) is involved in Buenos Aires debt collection, your lawyer will handle that for you and also represent you in court if necessary. Your lawyer will also help you choose the best option to get your money back in record time, whether through a debt collection agency or through the courts. Since some consumers and debtors have been protected from being bothered by debt collection agencies, your lawyer will help ensure you are not violating any law in that aspect.

How Do I Know If I Need an Argentina Debt Collection Attorney?

As a creditor, you will need a lawyer to if you wish to recover your money within legal grounds, especially when you begin to see any of the following signs.

  • Debtor has willingly refused to pay back loan owed.
  • Debtor is avoiding contact and evading calls.
  • Debtor is in arrears of mutually agreed upon instalmental payment plan.
  • Debtor fails to pay interest.

Your lawyer will then help you decide on the best legal option to take to recover your money.

How Much Does an Argentina Debt Collection Attorney Cost?

This depends on your attorney’s billing method. So, your pay will be according to how your attorney operates, that is if an hourly billing, a contingency fee or a flat fee. Contingency fees are usually favoured by creditors who will be getting money.
Are you in need of an Argentina debt collection attorney? Contact us today to schedule a consultation.

Probate Lawyer Argentina & Probate Attorney Buenos Aires

Probate Lawyer Argentina & Probate Attorney Buenos Aires

Claiming succession is not usually as easy as it sounds. A lot is involved in ensuring your path to claiming an estate or succession is as smooth as possible. If you’ve been searching for a probate lawyer Argentina or in need of a probate attorney Buenos Aires, you’ve come to the last bus stop!

In case you’re wondering, what’s this probate lawyer Argentina going to do? What role is my probate attorney Buenos Aires going to play in my succession claim? Here is a brief on what to expect from your lawyer.

Gathering of all required documents that will facilitate a succession proceeding, from financial statements to ownership certificates and of course birth certificates. Your probate lawyer will guide you in ensuring none is missed. Your lawyer will look at the domicile of the decedent to determine where your succession claim will be heard. The important location is the decedent’s last place of abode before death and not necessarily where his properties and estate is located.

Depending on the circumstances surrounding decedent’s death and if there was a valid written will or not, your lawyer can conclude whether your succession is testate (with a valid written or oral will) or intestate (without a valid will, also includes invalid written will). Where there is a will, your probate attorney Buenos Aires will help you determine whether the will is holographic or notarial.

Once requisite documents have been gathered, your probate attorney will then file the succession petition in court, estate notices in the Official Gazette, ruling acknowledging legal heirs and other needed procedures to bring success to your claim. Estate notices are required to be filed to eliminate any untitled claims.

Limiting your overall expenses by making sure due process is followed. Especially as most people assume they do not need to initiate succession proceedings where there is a valid will involved. They may get to realize this mistake late, after lots of unnecessary expenses have been made.

Peruse the will to be sure it is consistent with laws governing estate, probate and succession. For instance, children are entitled to 4/5 of the decedent’s estate, parents 2/3 while spouse is 1/2. While they can inherit more than this quota, less than it is not allowed in law. This mandatory quota is known as the legitime portion of the estate of the decedent.

Advice you on your options where other beneficiaries are opposed to initiating succession proceedings. According to law, you have the option to singly initiate the proceedings and cause processes to be served on beneficiaries not in agreement.

A probate lawyer Argentina is needed not only during initiation of succession claims, but also before death of the decedent. The lawyer will review your written will and advice on terms to include so rightful heirs are not excluded. You can write as many wills and revoke them too, but the last written one before death will be the valid one.

Your probate lawyer will discuss upfront what to expect in fees and thus save you higher expenses which can be recovered in court after the proceedings. So it’s important you reach a mutual agreement before retaining your lawyer.

After the judge has passed a ruling acknowledging the heirs of the estate, the probate document is then registered by your lawyer which then gives you the right to either sell via the Fast Track system or personal management.

Our expert and dedicated team at Kier Joffe Firm are waiting to meet your estate, probate and succession needs with the most effective legal solution. Our reach includes both local and international assets. If you’ve got more questions, we’re just a call away!

ARGENTINA SUCCESSION PROCEEDINGS

ARGENTINA SUCCESSION PROCEEDINGS

Succession refers to the body of law pertaining to the distribution of a person’s assets after they have died. Based on the property type, the property value, the debts of the decedent and some other factors, the process may be very easy or complicated.

Types of succession in Argentina

1. Intestate succession (without a will), which represents a majority of cases; and
2. Testamentary succession (with a will)

A judicial succession proceeding is how the law sees the transfer of immovable assets i.e. real estate, permits the transfer of bank accounts and stocks and bonds or any assets that are documented in the name of the deceased person , and arranges for the payment of the debts of the decedent. If a person dies without having any of those properties, and without any significant debt, it may be unnecessary to open his succession.

Among the most frequent questions people ask is how long it will take to complete a succession proceeding in the City of Buenos Aires or Province of Buenos Aires. The answer is dependent upon:
• Whether the documents (vehicles ownership certificates, death certificates, birth certificates, real property title deeds (departments, houses, motorcycles, vessels, motor vehicles, securities and shares, bank statements ) needed to start the succession is available;
• The court wherein the succession is to be settled, which depends on the jurisdiction corresponding to the last domicile of the decedent;
• The number of heirs and their willingness to speed up the process by signing all the documents needed and collaborating in moving the judicial process forward; and
• Whether there is any conflict among heirs, in which case, such conflicts must first be solved through the help of a probate lawyer Argentina to continue with the succession proceedings as laid out by the legislation in force.
Generally, a succession proceeding takes at least 5 months to acknowledge the legal heirs for an intestate succession to be issued , depending on the jurisdiction ( City or Province of Buenos Aires with their diverse Judicial Departments).
Furthermore, succession expenses are incurred per stage. It may involve the issuance of certificates showing family bonds between the decedent and their heirs, the form utilized to apply for proceedings connected with the whole estate of the demised, the compulsory social security levy of the probate attorney Buenos Aires (lex provisional), court fees, and succession notices.
It is therefore, important to note that the completion of all procedural terms and stages (i.e. filing of the petition for succession, publication of estate notices in the Authorized Gazette, rulings confirming the lawful heirs to an intestate succession, distribution and enrolment of the properties the estate of the decedent) is the leading principle of any succession proceeding.
If when the succession is completed, the heirs have finally made up their mind to sell the assets, the ruling confirming the genuine heirs to an intestate succession has to be registered via fast tracking i.e. In one act before a probate attorney Buenos Aires, assets are then transferred from the decedent ) to heirs and from heirs to buyer. For such reasons, a probate lawyer Argentina must demand that the registration be made through fast tracking, and give the name, domicile and a contact number of the acting probate attorney Buenos Aires, who will be certified to take the succession records for several days to set up the fast tracking title act. In pursuant to the relevant legislation, counsel’s charges in the City of Buenos Aires vary from 11% to 20% of the exact asset value, less than 25%.
In the Province of Buenos Aires, they vary from 7% to 25% of the assets’ tax assessment which is near the real value. As the amounts to be permitted for counsel’s charges in a succession proceeding may be somewhat high, you need to enter into a fee’s agreement with your probate lawyer Argentina before starting the proceedings otherwise, they may request the courts to fix the counsel’s charges, which may be higher compared to those you would have agreed by mutual consent.
A probate lawyer Argentina can provide you the most effective legal solution for succession cases of diverse nature, and can handle both simple and complex registrations involving assets in the national territory and abroad. For more details on succession proceedings, please contact Kier Joffe Attorneys at Law, Buenos Aires, Argentina.

Free, confidential consultation
We understand how daunting it can be to choose a lawyer in Argentina from another country. Please feel free to contact us with any questions, or to discuss retaining our legal services.
We offer a free initial consultation on your legal matter, with full protection of attorney-client confidentiality, as required by Act number 23,187 section (6) subsection (f).

“Give us a call today, or just fill out the Quick Contact Form , and we will get back to you.”

USA: +(1) 212.300.6377
ARG: +(54) 115.218.3100

Elias Kier Joffe
Managing Partner

REAL ESTATE: House Hunting in Buenos Aires, Argentina

Horacio Paone for The New York Times

Molecule House, a villa in a gated community outside Buenos Aires, is on the market for $1.35 million.

http://www.nytimes.com/2013/05/16/greathomesanddestinations/real-estate-in-argentina.html
By NINA ROBERTS

A THREE-BEDROOM HOUSE WITH A POOL OUTSIDE BUENOS AIRES

This rectangular building, known as Molecule House for the system of interlocking aluminum rods and connectors that makes up its foundation, has 3,229 square feet of space over two floors. Its signature modular geometric structures also act as a decorative feature throughout the house — in ceilings, along windows, even as table legs and balusters. It is being sold furnished.

The central living room has a double-height ceiling and two glass-paneled walls; like most of the house the floor is in a reclaimed wood called Incienso, with a heating system underneath. It is flanked on one side by the dining room, on the other by the kitchen, which has two freestanding counters topped with thick slabs of reclaimed pine. Appliances, among them an Ariston oven and stove, are stainless steel.

Upstairs, the master suite has an air-conditioned bedroom, a white-tiled bath with a skylight and a walk-in closet. On the other side of the house, at the far end of an open walkway, are two bedrooms and a shared bath.

The property of almost 11,000 square feet is landscaped with palm and silk floss trees, flowering shrubs and a collection of cacti. A wooden deck leads back to the pool; a small geodesic dome provides a sculptural element.

Molecule House is in La Celina, a gated community of 70 homes on large lots. Polo fields are within 15 minutes’ drive; Buenos Aires is about 45 minutes away.

MARKET OVERVIEW

The market in Buenos Aires, which traditionally uses American dollars, is stagnant, in part because the government recently restricted real estate transactions in foreign currencies. Wary of the Argentine peso with its history of high inflation and depreciation, many sellers are holding back.

Emiliano Pagnotta, an Argentine economist who teaches at New York University, described the market as “essentially collapsing.”

“The number of sales in the main market, Buenos Aires, are down 40 to 50 percent compared to the previous year, which was not a great year to start with,” he said.

But according to Martin Bricca, a managing partner of Buenos Aires Habitat, it’s a good time to buy. Those who are selling, he said, are not averse to negotiation. “Three years ago, if you offered 30 percent less than the asking price, the owners would say no,” he said. Sellers today often accept offers 15 to 20 percent under asking price.

WHO BUYS IN THE BUENOS AIRES AREA

Most foreign buyers in the Buenos Aires area are from North America and Western Europe, typically Britain, Italy and France.

BUYING BASICS

There are no restrictions on foreign buyers, but financing must be obtained at home, as Argentine banks generally don’t provide mortgages. Elias Kier Joffe, the managing partner of the Buenos Aires Law Firm Kier Joffe, described real estate transactions as straightforward, explaining that Argentines typically rely on notaries public and don’t hire lawyers.

But given the recent restrictions on foreign currency, Mr. Joffe strongly suggested that foreign buyers hire a lawyer, even before contacting an agent for a property search. The lawyer, notary and closing costs together make up about 3 percent of the sale price, he said.

Foreign buyers usually wire their payments into the bank accounts that many sellers maintain abroad. The payment method must be stated in the purchase agreement and the account declared to Argentina’s Federal Administration of Public Revenue.

WEB SITES

City of Buenos Aires tourism: bue.gov.ar

Buenos Aires Province tourism: buenosaires.tur.ar

Buenos Aires Province portal: gba.gov.ar

LANGUAGES AND CURRENCY

Spanish; Argentine peso (1 peso = $0.19)

TAXES AND FEES

The broker fee is 4 percent of the sale price; additionally, a transfer tax of 3.6 percent is typically split between buyer and seller. Property tax is $1,200 a year, maintenance $400 a month.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com