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.

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!