Category Archives: English

Basic Legal Requirements When Buying/Selling in Buenos Aires Argentina – Real Estate

Three Basic Legal Requirements When Buying/Selling Property in Buenos Aires

Whether you are buying or selling property in Buenos Aires, it is important for you to be aware of some of the legal requirements.

Firstly, whenever a property owner intends to sell a property, or acquire the right to construct on a property, he/she is required to notify the Administración Federal de Ingresos Públicos – AFIP (federal administration of public income, similar to the Internal Revenue Service in the United States).  The AFIP must be notified only if the transaction will have a value equal to, or greater than, $300,000 Argentine pesos.  The transaction must be completed by the owner or his/her representative by contacting the AFIP by telephone, cell phone or via internet (www.afip.gov.ar).

Secondly, if a real estate broker is going to intervene in the sale, a 90-day contract granting the broker authorization and exclusive rights to sell the property is drawn up between the seller and the broker.   Within 30 days, the AFIP must be notified of the broker’s involvement in the sale.  It is then the broker’s responsibility to notify the AFIP when a deposit is made on the property and when the property title is transferred.

Thirdly, the title transfer must be completed by an escribano publico (notary public).  In Argentina, a notary public is a highly qualified individual with a law degree and additional post-graduate studies. When a property is sold, the escribano publico serves as a public official who guarantees the legality of the property title, the authenticity of the seller, and the legitimate transfer of the property title from seller to buyer.  It is imperative that you ensure you have a qualified escribano publico handling the sale of any property, especially if you are the buyer. *

There are costs associated with these different steps, all based on percentages of the property’s sale price.   A 1.5% property sales tax, known as Impuesto a la Transferencia del Inmueble (ITI), is due if the seller is not reinvesting the proceeds of the sale in the purchase of another property.   The costs of transfering the propery title from seller to buyer runs between 6% and 9%.  The realtor’s commission averages 3% to 4%.

* In Argentina an escribano publico must be registered with his/her local Colegio de Escribanos.

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

Foreign Holding of Rural Lands in Argentina

Millionaire businessmen, magnates and multinational corporations are all buying up huge areas of land in Argentina. Making the most of the cheap prices and lack of restrictions they now own a significant percentage of Argentine soil. A new law is being introduced to help limit the dominance of foreign holding of rural lands buyers.  The new bill is called ‘Protection of National Dominium of Property, Possession or Holding of Rural Lands (in Spanish, Protección al Dominio Nacional sobre la Propiedad, Posesión o Tenencia de las Tierras Rurales). The President Christina Fernández has decided to urgently push this bill through that will impact the investments of foreign magnates.

The law will limit the control of foreign holding of rural lands to 20%. The law will affect rural land that is already been bought by foreign investors. Non-Argentine owners will be given 180 days to report their possessions to the government. A new National Register of Rural Lands will also be created that will keep a record of land ownership and the nationalities of owners. So why should the government defend the ownership of the rural areas? The government argues that land is a non-renewable resource that is different from normal types of investments. Nevertheless, the main reason for introducing such a radical and protectionist law is the sheer number of hectares owned by foreigners in Argentina.

The worst foreign holder of rural land ‘offender’ is Luciano Benetton, owner of the famous Benetton fashion brand, who possesses one million hectares in Patagonia: is the size of a small country. When Benetton bought the land it caused huge controversy and brought the issue to the attention of the Argentine public and media. Another foreign owner of Argentine land is Douglas Tomkins, a multimillionaire American and ecologist. Tomkins owns 350,000 hectares in Corrientes, Santa Cruz, Neuquén and Tierrra del Fuego. He does put the land to good use: implementing areas of preservation and conservation, however many Argentines feel it unfair that a foreigner could have so much dominium in their country.

Other famous foreign owners of Argentina include; Englishman Joe Lewis owns 18,000 hectares in Río Negro and American Ted Turner owns 5,000 hectares in Neuquén and Tierra del Fuego. It isn’t just millionaire individuals buying up rural areas: in recent years, Arab and Asian corporations have also jumped on the bandwagon. For instance, the Chinese corporation Heilongjiang will use 330,000 hectares of land in Río Negro to produce food products for export.

The new law will limit the percentage of ownership and prevent foreigners from buying more than 1000 hectares in any one place. The bill is similar to legislation in force in the UK and USA.

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

Argentina Real Estate Market

The Argentine housing market, along with many other parts of the economy, has seen some interesting ups and downs in the last decade. Following the 2002 crisis, the housing market benefited greatly for two reasons: First, as people had lost their faith in the financial market, the started pouring their financial resources into real estate. Secondly, construction costs that were measured in dollars fell dramatically, due to devaluation.

Unlike the 1990s, when demand was mostly stimulated by mortgages, the early 2000s saw many purchases being made in cash. The buyers and builders came from all sorts of different economic sectors, and they all saw a positive revenue flow as a result.

Today, all of these conditions have, once again, changed dramatically. Not only is Argentina is in the midst of economic and political uncertainty, but the mortgage advertisements have made little to no impact, as that credit simply isn’t available. And given the recession, people are less willing to turn their cash into bricks, preferring to retain liquid assets until the political and economic situations develop further. Many have expected a devaluation of the peso after the election, and, furthermore, nobody can tell how long the recession will last.

If the peso continues to fall, so will the salaries of those working in exportation sectors. However, if the dollar falls, it will become increasingly difficult to put any stock in the current dollar prices that apply to the real estate market.

Currently, the market is hampered because most people won’t accept that their home or property is worth less than they think it is, or less than it should be, which is the case for so many. On the other hand, it is important to remember that the market is what dictates these values, and the real price of assets can fluctuate from day to day, or month to month.

So property owners can maintain that their property is worth, say, USD 500,000, but if there are no buyers, then what can be said of that value? At the same time, those who did buy property in recent years are in a great situation, because they have no mortgage companies urging them to sell. They can hang on to their properties longer, assuming the costs of maintaining that asset don’t change too much (taxes, etc.).

If people do not have the resources to buy a place of their own, then, there is always the option to rent. Costs, however, are not so agreeable, and it is increasingly difficult to find people who can actually afford the asked rent. In short, the Buenos Aires real estate market isn’t dynamic because the prices simply do not meet the demand, both in properties for sale and for rent.

But looking at the near future, we can consider the following: 1) given the lack of money currently circulating and available, we can expect the emergence of mortgages that are actually realistic for potential buyers, which will, in turn, invigorate the market. And 2) an increase in the exchange rate will decrease the price per square meter, again, stimulating the housing market.

So it is important to realize that the market can only truly be unlocked if people are willing to accept that all assets have lost some value in Argentina, and the situation will only change if we look at long-term growth. Unfortunately, many are not willing to look at the long-term situation due to the political and economic uncertainty, but it is absolutely necessary in order to move forward into healthier, more prosperous times.

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

Argentina Patent Attorney

Argentina Patent Attorney

An Argentina Patent Attorney at Kier Joffe provides professional legal counsel and extensive experience in many aspects of Trademark, Copyright & Patents law. As a trusted Argentina Patent Attorney defense law firm, Kier Joffe’s highly skilled Buenos Aires Trademark, Copyright & Patents defense lawyers have managed a wide variety of Trademark, Copyright & Patents defense claims.

Contact an Experienced Argentina Patent Attorney

A highly skilled Buenos Aires Trademark, Copyright & Patents defense lawyer with Kier Joffe will provide more than just legal advice for a Trademark, Copyright & Patents defense case. The Buenos Aires Trademark, Copyright & Patents defense lawyers fully embrace each case with the clients’ best interests in mind. Analyzing each case, the firm’s Buenos Aires Trademark, Copyright & Patents defense attorney professionals determine the most effective course of action to achieve a favorable resolution. For dedicated Buenos Aires trademarks defense attorneys, trust Kier Joffe to deliver quality representation in the field of Trademark, Copyright & Patents law.

Trustworthy Argentina Patent Attorney

While involved in a Trademark, Copyright & Patents dispute, it is important to seek a highly experienced Buenos Aires Trademark, Copyright & Patents defense lawyer with a trustworthy background. The Buenos Aires Trademark, Copyright & Patents defense attorneys at Kier Joffe are committed to protecting their clients’ best interests. Kier Joffe’s team of reputable Buenos Aires Trademark, Copyright & Patents defense lawyers carefully analyze trademarks disputes to form sound case strategies in order to resolve the client’s legal matter.

Contact a Proven Argentina Patent Attorney

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

Argentina Divorce Attorneys Buenos Aires Divorce Lawyers Law Firms

Argentina Divorce Attorneys Buenos Aires Divorce Lawyers Law Firms

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

When someone gets married they plan to buy a house, to have children, to go on vacations to Disneyland or even buy a cat. Divorce is the very last thing on anyone’s mind when falling in love. As we move through the motions of getting married and settling down, that specter is rarely addressed. Divorce is for “other people”. Everyone goes into their marriage believing that it is going to be the exception to the rule; a marriage to last. All people walk into marriage offhanded and confident that the individual staring at back at them while making vows is the person they are going to grow old with.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

Unfortunately, life does not always go according our master plan and its many pitfalls can complicate even the best of situations. Realizing that your happily ever after got detoured along the way is painful enough, but the thought of divorce can be excruciating. People go to great lengths to save their marriage, but sometimes it is not always possible. When that moment comes where reconciliation is out of the question the very last thing you want is to do is drag the process out or fight another day with the person you used to love. We at the Kier Joffe Law Firm understand that people want as painless and quick a divorce as possible. You don’t want to hear the process, the plethora of motions that must be filed, and how we’re going to destroy the mother or father of your children.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

We don’t do divorce that way.

We want our clients, whenever possible, to walk away from a divorce with everything they deserve plus an amicable relationship with your ex-spouse. This isn’t war, and you’re not combatants. Unless, there are no other options on the table left except to fight we’re going to try an see you and any potential children through the storm as emotionally un-scarred by the experience as possible.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

But if we have to fight, we’ll fight.

We’ve been highly successful in situations where once spouse has attempted to hide assets, or refuses to provide an equitable share in getting our client everything he or she deserves and quite often more than they ever anticipated.

Uncontested Divorce attorney will expedite your Buenos Aires Argentina divorce

Our services include standard contested and uncontested divorces, religious divorces, child custody resolution, change of orders, and mediation.

When you choose the attorneys at Kier Joffe Law you will receive a compassionate system of support through a difficult life passage, as well as, a team of attorneys dedicated to getting you your rightful share of assets and maintenance. When we take on your case, we are prepared to go the distance—even if that includes helping you to obtain a “get” or to negotiate your custody of children in the event that a particular religious obligation would compel you otherwise. We work with rabbis, imams, priests, and pastors to help you receive the right not just to divorce, but to remarry and/or retain custody of your minor children.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

Divorce is never easy, but it doesn’t have to painful.

We don’t want you or your spouse to live in an indefinite limbo. Neither of you deserve it– and if you have children, they certainly don’t deserve it. Being able to start over without regret, with the ability to live without having financial difficulties is priceless. The pain of separation and the endless points of regret that surround families during a period of divorce can be alleviated with the knowledge that you did everything you could do, that you’re providing an honest and equitable solution for each other, and that the kids (if any) are well taken care of.
Even in situations where all communication and good feelings seem to have evaporated, we are able to see from an outside vantage where breakthroughs can begin and lines of trust established. There is no hopeless situation, no case that can’t be handled in a fair way. It is our goal to see a solution that will last beyond the immediate moment and persist in such a way that future court orders are unnecessary.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

Unique Divorces are our specialty!

The Kier Joffe Law Firm takes great pride in the Empire State’s commitment to some of our unique families. We try to work closely with our gay and lesbian couples with some of the more unique challenges they face in marital dissolution, including child custody cases where the biological narrative is more complex. A parent is established by love and commitment and we want to assure you that you and your child will continue a loving and supportive relationship long after dissolution.

Gay and lesbians are not the only families that face circumstances outside the reference of the traditional American family. Many of our immigrant population live happily in large extended families that American law has not provided an adequate response to as yet. We have worked within the courts to create a harmonious and fair solution to marital situations that enable our clients to not only have the ability to live safely and securely, but also to remain in the United States alongside their children. Many times we are placed in a situation where we must work in tandem with religious and community leaders, but always with the ultimate goal that our client’s needs are recognized and met fully within the law.

The Buenos Aires Divorce attorneys at Kier Joffe Law Firm are proud of our abilities in and outside the courtroom.

Call us today for a 15 minute free consultation on your case. We are happy to help you understand your legal options and work with you to find a solution that meets your cultural and personal beliefs.

Argentina Divorce Lawyer – Buenos Aires Divorce Attorney – Capital Federal Divorce Law Firm

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