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04 — REAL ESTATE

Real estate purchase & sale in Argentina: closing the deal with legal certainty

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.

Typical stages of a real estate transaction

1. Reservation and due diligence

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.

2. Preliminary purchase agreement (boleto de compraventa)

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.

3. Notarial deed of title transfer (escritura traslativa de dominio)

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.

4. Registry inscription

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.

Tax and foreign exchange considerations

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.

Transactions involving foreign buyers or sellers

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 and pre-construction purchases

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.

Why choose Tchestnykh & Asociados

  • Coordination with trusted notaries in Buenos Aires City and Province
  • Specialization in transactions with foreign clients (Russian, Ukrainian, and other nationals)
  • Integrated advisory: legal + tax + foreign exchange
  • Experience in complex transactions (off-plan, trusts, intermediate estate proceedings)
  • Due diligence
  • Mortgages
  • Real estate succession