Monthly Archives: August 2017

Buenos Aires Approves New Rental Law

Legislature of the Autonomous City of Buenos Aires

Considering: That the same favor the strengthening of the policy of access to housing that is being carried out both from the Government of the Autonomous City of Buenos Aires and from the National Government for the neighbors of the City. As well as having implemented multiple initiatives related to the mortgage market, it is also considered necessary to move forward with improvements in the conditions of access and permanence to the market of locations for housing. According to data from the Annual Survey of Households of the General Directorate of Statistics and Censuses of the Ministry of Finance of the Autonomous City of Buenos Aires, 35.7% of the real estate for housing in the Autonomous City of Buenos Aires Are occupied by locational links, which means that more than one million people are tenants at the local level. That this entails the challenge of finding new ways of articulating the situation of rents for housing, and of guaranteeing the development of conditions that allow an increasing number of residents of the City to access a formal rental. That it is incumbent upon the City Legislature to regulate the framework of action of the Real Estate Brokers, a power exercised, for example, in the enactment of law 2,340, a standard created by the Unique School of Real Estate Brokers in the City of Buenos Aires. That when signing a contract, the sum of the concepts that the tenants must pay creates a barrier of access, in some cases impassable, for part of the neighbors of the City. That these projects seek to give the possibility to them, to be able to make the leap towards a better quality of life, with greater predictability, and above all things with clear rules in relation to the housing they inhabit. That in order to reduce the monetary burden that the tenants have to face at the beginning of the tenancy link, it is proposed that it is mandatory and unavoidable compliance for all those enrolled in the Single School of Real Estate Brokers the prohibition of requiring and / or receiving real estate commissions And / or fees for the intermediation to tenants, sub-shareholders and / or continuators of the location. Prohibition that in the same line, extends to the possible costs of administration of said locations.

That Law 1,251 of the C.A.B.A. Establishes the main objective of the Housing Institute of the City, placing it as the head of housing policies within the framework of Article 31 of our local Constitution, inasmuch as it proposes the incorporation in its creation rule of specific faculties related to the subject Locative-housing. For the above, this General Legislation Commission recommends the following law:

Article 1:
Replace paragraph 2 of article 11 of Law 2340 (consolidated text according to Law No. 5666), which will be written as follows: Perceive fees for the activity performed and commissions of its principal according to the remuneration they freely agree. In the case of leases of immovable property in which the tenant is a natural person, the maximum amount of the commission to be collected will be the equivalent of four with fifteen hundredths (4.15%) of the total value of the respective contract , By the landlord.-

Article 2:
Incorporate as item 7 to article 13 of Law 2340 (consolidated text According to Law No. 5666) “Prohibitions”
– The following text: In the leases of real estate with a destination in which the tenant is a natural person, it is expressly prohibited to require and / or receive, through any form of payment, real estate commissions and / or fees for brokerage or brokerage to Tenants, sub-shareholders and / or continuators of the location. The prohibition extends to the fees for administration of said locations.-

Article 3:
Replace the following text with paragraph 2 of article 10 of Law 2340 (consolidated text according to Law No. 5666) to be drafted as follows: Request reports to the official bodies on the conditions of dominance, liens and inhibitions, regarding the Operation entrusted and the intervening parties, making them available to them. The costs of managing these reports may not be required of tenants of real estate for housing purposes.

Article 4:
The following text shall be included as subsection 8 of article 10 of Law 2340 (consolidated text according to Law No. 5666): To state in any advertising offer of rental of real estate with a housing destination that is issued via websites, own or third parties, the Next caption:
“For housing rental cases, the maximum commission amount that can be
Require the owners will be the equivalent of four with fifteen hundredths percent (4.15%) of the total value of the respective contract. It is prohibited to charge real estate commissions and reporting costs to tenants, in the case ofBe physical persons. ”

Article 5:
Incorporate as subsection 9 of article 10 of Law 2340 (consolidated text according to Law 5666) Display in all premises and / or offices in which real estate brokerage services are rendered posters visible to the public with
The following legend: “It is found
It is forbidden to charge real estate commissions and reporting expenses to tenants, in the case of being natural persons. For housing rental cases, the maximum amount of commission that may be required from the owners will be the equivalent of four with fifteen hundredths (4.15%) of the total value of the
Respective contract “.

Article 6:
Derive article 54 of Law 2340 (consolidated text according to Law No. 5666) .-

Article 7:
Incorporate as paragraph i) of article 4 of Law 1251 (consolidated text according to Law No. 5666) the following text: To exercise control of compliance with local laws that regulate aspects related to the locative-housing matter.-

Article 8:
Law No. 3,588 is hereby repealed.

Article 9:
Communicate Room of the General Legislation Commission, August 16, 2017.

The four key points of the new Buenos Aires rental law in Argentina

Buenos Aire Real Estate Attorney | Argentina Real Estate Lawyer

The legislators of Buenos Aires approved this afternoon the project of reform of Law 2340 that seeks to improve access to housing through rent. The proposal prepared by the Government of the City of Buenos Aires will reach some 400,000 families that rent in the City, in addition to promoting the improvement of the system through the defense of owners and tenants.

During the parliamentary debate, which lasted approximately one and a half hours, the law obtained 51 positive votes, 0 negative and 2 abstentions. The project was presented by the president of the Housing Commission, Lia Rueda, and the president of the Civic-ARI Coalition, Paula Oliveto, and focuses on four measures:

The key points

The real estate commission will not be paid by the tenants, but by the owners. This will facilitate access to the rent, since this commission, plus the advances and costs of the move, made the tenants have to face many expenses of entrance. In this way, renters and owners will share expenses.

The real estate companies will not be able to charge for the expenses of management or administration.

The rights of tenants and landlords must be visible on Internet sites and in real estate offices. In the same way, they will be present in the social networks and sites of the Government of the City of Buenos Aires.

The City Housing Institute (IVC) will be responsible for ensuring the rights of tenants and landlords, who will work in conjunction with the City’s Ombudsman to provide free legal assistance.

Following the vote, the head of the City’s Housing Institute, Juan Maquieyra, said that work will continue to improve the rental system and to promote vacant housing to be offered for rent.

“This is a first step to make it easier, safer and cheaper to rent in the City of Buenos Aires.We estimate that with this measure, the cost of entry to rent a home is going to decrease by 25 to 30 percent, And that is going to make the tenants do not need to gather so much money to get in. In addition, we are already working on alternatives to offer real estate guarantees that conform to the owners and expedite the operation, “he said.

Are you in need of a Buenos Aire Real Estate Attorney? Contact us today to schedule a consultation.

What are the keys to the new Buenos Aires Rent Law in Argentina

Buenos Aires Real Estate Lawyer: What are the keys to the new Rent Law in Buenos Aires, Argentina

The Buenos Aires legislature approved yesterday modifications to the regime by which the real estate companies charge commissions to the tenants.

The Legislature of the City of Buenos Aires yesterday approved amendments to the Rent Law, prohibiting the charging of commissions by the real estate to the tenants.

– The most important change lies in the fact that tenants, when entering a house, should not pay the typical commission to real estate, which was usually 4.15%. From now on, that item will be in charge of the owners of the houses. From the Real Estate Professional College they warned that this money could be transferred to the monthly prices.

– The amounts that the real estate can not charge more, as of the amendment of Law 2,340, is the one corresponding to the typical administrative or management expenses.

– The conditions of the rental operations and the rights of the tenants must be visibly published on the websites of the real estate agents, as well as in their offices, so that the clients are properly informed when facing an operation Of these characteristics. The Government of the City of Buenos Aires will also be responsible for disseminating this information through social networks and websites of its dependencies.

– All these new measures and modifications in the real estate circuit will be controlled and verified by the City Housing Institute (IVC), which will be responsible for ensuring that the rights of tenants are respected.

Are you in need of a Buenos Aires Real Estate Lawyer in Argentina? Contact us today to schedule a consultation.

A Few Things Everyone Should Know About Probate Lawyers in Argentina

Probate lawyers play a significant role in the process of estate settlement and estate planning in Argentina. If you are interested in using one of the many probate lawyer Argentina solutions, it is the best idea to get familiar with their work first.

To start with, you should know that the completion of succession proceedings in Buenos Aires depends on a few things that are not directly related to the probate attorney you will use. So, in order to speed up the procedure, you will need to gather all the required documentation like real property deeds, birth certificates, vehicle ownership certificates and other important documents. Every experienced probate attorney Buenos Aires office will confirm that the time needed for this procedure to be finished depends on the court where this succession will be settled. Provincial Civil and Commercial Courts are different than City Civil Courts. How long will it take to finish a succession proceeding depends on the number of heirs as well as their engagement and commitment. In addition, the presence of conflicts between heirs can delay the proceeding. Generally speaking, the entire procedure should be finished in five to six months.

Another thing that you should take into consideration is that there are two basic types of succession – testamentary succession and intestate succession and you will need a good probate lawyer Argentina option to help you in both cases. Remember that even if a will is included, you will still need a legal proceeding.  While we are talking about testamentary succession, it’s also good to know that estate notices are required even in cases like this. Of course, the process of succession comes with certain expenses and they are usually linked to the current stage of the proceeding. Court fees, issuance of certificates, lex provisional, succession notices – these are some of the expenses involved in this process. Despite their number, this process is usually inexpensive.

Wills are common legal documents in Argentina. The most popular ones are notarial and holographic wills. They can be prepared by experienced probate attorney Buenos Aires offices. It’s also good to point out that these wills can be revoked at any time. Obviously, the last will is the one that counts.

When doing research about succession proceedings in Buenos Aires, you will probably notice the term legitime. This is a term used to describe the part of estate that the testator may not dispose of even in case they want to because it is reserved for forced heirs by law. Namely, the children have the right to inherit 4/5 of the estate, parents 2/3 and the spouse inherits ½. Of course, this doesn’t mean that they have to stick to this percentage, but it definitely represents the part of the estate that can’t be excluded from the will. The rest of it can be disposed to other people.

Succession proceedings are not unnecessary in the case when the decedent’s real estate is sold after a fast tracking purchase process. In other words, succession proceedings must be completed in any case. On the other hand, in the case by the time the succession is finished, the heirs have decided to sell their assets, the decision acknowledging the legal heirs to an intestate succession must be registered by fast tracking.

Succession proceedings in Buenos Aires and in Argentina, in general, can be quite complex and difficult. This is the reason why people need experienced and knowledgeable probate lawyer Argentina options.