Category Archives: Real Estate

Real Estate Lawyers in Argentina

Real estate lawyers in Argentina are involved in the same activities as real estate lawyers around the globe. Namely, their main focus is placed on cases that include real estate transactions, property claims and land disputes. With the help of these lawyers, sellers and buyers of properties can get an answer to all their questions related to the legal concerns and aspects of property transactions. In addition, these lawyers are here to guide buyers and sellers through the complex process of real estate purchases and sales.

Things you should know about real estate lawyers in Argentina

Real estate lawyers in Argentina are providing legal services for real estate sales and purchases in the state of Argentina. Of course, there are some lawyers that are specialized in specific regions like real estate lawyers in Buenos Aires.

Generally speaking, there are two types of Argentinean real estate lawyers. First of all, there are litigation lawyers. These lawyers are working primarily on lawsuits related to real estate. The other type is transactional lawyers. These lawyers are focused on contracts and agreements associated with real estate. Before selecting a real estate lawyer, it is a good idea to decide which option is better for you. Of course, experience law offices have lawyers that have experience in all real estate matters. The majority of real estate lawyers and law offices like Kier Joffe law firm are providing a wide range of services like gathering documents, counseling, and advice for their clients and finalizing and talking about the terms of transactions and/or contracts.

In case you are planning to get involved in a real estate transaction in Argentina, then you must talk to a reputable Argentinean real estate lawyer. It is better to talk to a lawyer that has experience and knowledge in both residential and commercial real estate transactions. Knowledge and expertise is especially important in cases revolving around financing and development of properties, sales of properties, property investments, and construction details. Usually, well-known real estate lawyers know the common concerns and goals of clients.

Real estate lawyers are looking for both companies/organizations and individuals as clients. Businesses that want to use the services of real estate lawyers must pay special attention to the process of selection. They must look for a lawyer that understands the business goals and a lawyer that can represent the business in the best possible way.

A good lawyer in this field will prepare the contracts in a way that suits and favors the client. It is their job to do some research and see whether the property that the client wants to purchase is free of claims. In this way, you can avoid legal problems in the future.

There are many lawyers that provide such services across Argentina – from real estate lawyers in Buenos Aires to the ones in Cordoba. But, if you want to stay on the safe side, use real estate lawyers in Argentina that have experience, knowledge, expertise and excellent reputation. Kier Joffe Law Firm has over 75 years of experience. It’s worth mentioning that we also provide real estate services in all the Argentinean provinces:

Buenos Aires, Capital Federal, Catamarca, Chaco, Chubut, Cordoba, Corrientes, Entre Rio, Formosa, Jujuy, La Pampa, La Rioja, Mendoza, Misiones, Neuquen, Rio Negro, Salta, San Juan, San Luis, Santa Cruz, Santa Fe, Santiago del Estero, Tierra del Fuego, and Tucuman.

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.

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.

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

 

KIER JOFFE is opening a new Office in Nordelta, Buenos Aires, Argentina

Buenos Aires, Argentina. December 2, 2013. The law firm of KIER JOFFE announced today that it has opened a new office in Nordelta, Buenos Aires, Argentina. The fast-growing, full-service Real Estate law firm adds its third location to current offices in Buenos Aires, Argentina.

KIER JOFFE (www.KierJoffe.com) brings to the Nordelta Area its deep experience representing celebrity, high net-worth and other individuals in luxury, personal residential, specialty and commercial real-estate transactions. Examples include purchases of luxury houses, villas, vineyards, polo ranches, apartments in Buenos Aires and estates in Patagonia.

Founded in 1940, the firm have assisted international clients in locating and selecting their ideal properties, represented their interests to achieve highly favorable terms in negotiations, and efficiently paved the way for a smooth transfer of ownership and a trouble-free management of tax and regulatory issues. In the past few years alone, Kier Joffe has represented internationally known clients with multimillion-dollar transactions

“Over the past two years we have seen a significant proliferation in inquiries and international clients particularly to Nordelta Real Estate investments, purchases and sales and also we were  appointed by Absolutely Real Estate Argentina, one of the Top Real Estate companies in Argentina as its legal advisors to help overseas buyers and investors:” says Managing Partner Elias Kier Joffe, who was recently featured in the New York Times. “The time is right for us to have a more formal presence in this critical Argentina real estate hub.”

Also Kier Joffe recently was appointed by one of the Top Real Estate companies in Argentina: Absolutely Real Estate Argentina

Kier Joffe also represents:

Individual Clients: Whether real-estate, family law, Probate, Wills & Inheritance, immigration or other business issues, we provide efficient, cost-effective service.

Business Clients: We handle a range of matters in technology-related industries including IT, digital media, various types of hardware and software, energy, transportation, retail, travel & leisure, professional sports, media, non-profit and real-estate.

Kier Joffe has assisted many start-ups and joint ventures to move ahead smoothly, on schedule and with the best structure and legal strategies, while also representing the interests of established companies in intellectual property and regulatory matters, acquisitions, labor and employment law, and more.

Foreign Law, Audit and Accounting Firms: Kier Joffe efficiently represent your clients’ interests in Argentina according to your instructions. Kier Joffe covers all 23 provinces.

The Nordela practice will be led by Mr. Elias Kier Joffe, who is a member of the CPACF – Buenos Aires Capital Federal Bar, member of the The International Bar Association (IBA), American Bar Association (ABA) and The International Association of Jewish Lawyers and Jurists (IAJLJ) and was awarded the 2014 Best Lawyers in Argentina list; he will divide his time among the firm’s offices.

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. Nordelta 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.

For more information about the firm, visit www.KierJoffe.com or contact Elias Kier Joffe here.