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Situations where Real Estate Attorneys in Argentina can help

If you are following the latest news, you have probably seen that the real estate deals in Buenos Aires and Argentina are on the rise. This is quite natural because the economy is stabilizing and people have realized that real estate investments are smart investments. As a result of this, the interest in real estate attorney Argentina solutions has increased too. Of course, the work of these professionals is not related to the latest trends in the real estate market. Real estate deals are made all the time and there are also other situations where different real estate Argentina options can help you. We will use this article to highlight some of these situations.

  1. Disputes between landlords and tenants

These kinds of disputes are especially numerous in big cities like Buenos Aires and this is the reason why both tenants and landlords are looking for reliable real estate lawyer Buenos Aires options. The best among them can help both sides to resolve their tenancy disputes.

  1. Property-related disputes

This is another situation where a professional real estate attorney in Argentina can be useful. It is their job to support the resolution of property disputes with the help of litigation or other means. Thanks to them, it is possible to sell disputed real estate. In this way, the money that was obtained from the property can be used for a settlement between the parties involved. This is a fair solution that contributed to peaceful solutions of seemingly unsolvable real estate disputes.

  1. Property deals in death cases

When a person dies, the properties they had are often managed by real estate lawyers in Argentina. Whenever they are appointed, they will do their best to sell the property or properties at the best price. After that, they will use that amount of money to settle the accounts of the heirs. No matter how close the heirs are, it is always a smart idea to leave a neutral professional to take care of this job.

  1. Divorce settlements

According to the latest statistics, the number of divorces in Argentina has reached a record high level. The divorce rate is especially high in Buenos Aires the largest urban area in Argentina. Those going through a process of divorce should consider hiring a real estate lawyer Buenos Aires because they can help people with property disputes that come as a result of divorce. These are complex cases because the ownership is shared.

  1. Providing information

Real estate attorneys in Argentina are often hired by real estate investors both domestic and foreign. This is logical because they have access to information and data that no one else has – properties that are disputed or in a process of settlement. There is no doubt that investors can benefit from information like this.

These are just some of the reasons why hiring a good real estate lawyer in Buenos Aires or anywhere in Argentina is important.

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.

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.

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