A real estate purchase may seem straightforward — sign a preliminary agreement (boleto), pay, and execute the notarial deed (escritura) — but it conceals decisions worth significant money. A poorly drafted boleto can lead to years of litigation. An unreviewed title may hide encumbrances, attachments, unresolved estate proceedings, or administrative restrictions. Improperly documented payments can trigger issues with the tax authorities or, when foreign currency is involved, the central bank.
We accompany every purchase and sale transaction from the initial offer through to final registration in the Property Registry. We work with trusted notaries, engage appraisers as needed, and specialize in transactions where the buyer or seller is a foreign national or resides abroad — increasingly common situations that require detailed knowledge of immigration, foreign exchange, and tax regulations.
Before committing, it is advisable to sign a reservation agreement with clear terms: reserved amount, time frame, return conditions, and suspensive conditions. In parallel, due diligence is carried out: title study by the notary, registry reports, debt clearance certificates, and cadastral and municipal status.
This is the preliminary contract obligating both parties to execute the notarial deed. Drafting is critical: precise identification of the property, price, payment structure, deadline for the deed, possession, expenses allocated to each party, termination clauses, and performance guarantees. Article 1170 of the Civil and Commercial Code grants the buyer who holds a boleto and possession rights enforceable against third parties.
This is the definitive legal act executed before a notary public, transferring ownership. We coordinate with the notary office on documentation, payments, cancellation of any encumbrances, and delivery of possession.
The deed must be recorded in the relevant Property Registry to be enforceable against third parties (Law 17.801). The deadline in Buenos Aires City is 45 days. We accompany the client through to final registration and delivery of the inscribed certificate.
A real estate transaction generates multiple tax obligations: the property transfer tax (ITI, applicable in certain cases), income tax (when the seller is a habitual trader or the property is not a primary residence), provincial stamp duties, notarization costs, and professional fees. When the buyer or seller is a non-resident, specific withholdings apply and, depending on the circumstances, foreign exchange requirements of the Central Bank. We provide comprehensive advice to optimize the tax burden within the law.
Argentina allows foreign nationals to acquire real estate with few restrictions. The main limitations relate to the border security zone regime (Decree-Law 15.385/44) and Law 26.737 on rural land, which limits foreign ownership. For urban properties there are no restrictions. There are, however, documentary particularities: passport, CDI or CUIT tax identification, and in some cases immigration residency status. We provide integrated advisory services combining legal, immigration, and estate planning.
Off-plan purchases carry specific risks: the developer's financial soundness, construction progress guarantees, bearer or registered trusts, price adjustment and delivery clauses, and delay provisions. The Consumer Protection Act (24.240) and specific regulations afford protections, but the best safeguard is a prior analysis of the project, the trust vehicle, payment flows, and the developer's track record.