Best Brokerage Lawyers in Florida

About Brokerage Law in Florida, Argentina

Brokerage covers the activities of intermediaries who facilitate transactions between buyers and sellers. In Florida, Argentina (a neighborhood in Vicente López Partido, Province of Buenos Aires) brokerage commonly refers to two main fields - real estate brokerage and financial or securities brokerage. Each field has distinct regulation and professional requirements. Real estate brokers arrange sales, rentals and property management while financial brokers or agents execute purchases and sales of securities and provide investment services. Both types of intermediaries must comply with national and provincial rules, plus local municipal requirements where applicable.

Why You May Need a Lawyer

There are many circumstances where legal help is valuable when dealing with brokerage matters. Common situations include:

- Drafting or reviewing brokerage agreements to make sure duties, commissions, and liability are clearly defined.

- Disputes over commissions, double commissions, or claims that a broker introduced the buyer or completed a sale.

- Allegations of misrepresentation, fraud or failure to disclose defects in a property or financial instrument.

- Verifying a broker's license and professional registration or challenging unlicensed practice.

- Regulatory compliance issues, such as anti-money laundering obligations, reporting duties, or requirements from the Comisión Nacional de Valores (CNV) for securities intermediaries.

- Tax questions related to commissions, VAT, income tax withholding or cross-border tax considerations.

- Handling escrow, client funds or trust accounts and disputes about their proper handling.

- Representing you in consumer protection claims, administrative complaints, arbitration or court proceedings.

Local Laws Overview

Key legal aspects relevant to brokerage in Florida, Argentina include:

- Licensing and professional registration - Real estate brokers typically register with the provincial Colegio de Corredores Inmobiliarios or the equivalent professional body in Buenos Aires Province. Securities brokers and investment firms must be authorized by the Comisión Nacional de Valores (CNV).

- Contract law - Brokerage relationships are governed by the Civil and Commercial Code and by specific contractual terms. Brokerage agreements should specify scope of authority, commission rates, duration, exclusivity, and termination rules.

- Commissions and fees - Commissions are usually negotiated, but industry practice and professional rules can influence what is customary. Written agreements help avoid disputes about entitlement to commission.

- Duties and disclosures - Brokers owe duties of care, honesty and disclosure to clients. Misleading or omitting material information can give rise to liability.

- Handling of client funds - Rules and best practice require proper handling of deposits and client monies. For financial brokers, stricter segregation and custody rules apply under CNV and banking regulation.

- Consumer protection - National and provincial consumer protection agencies oversee unfair practices and misleading advertising. Consumer law can provide remedies in some brokerage disputes.

- Anti-money laundering - The Unidad de Información Financiera (UIF) sets rules for reporting and due diligence to prevent money laundering and terrorist financing; regulated entities must comply.

- Tax and corporate formalities - AFIP rules apply to taxes on commissions and income, VAT treatment, and withholding obligations. Companies and firms must register with the appropriate commercial registries (national or provincial) and comply with municipal permits for offices.

- Dispute resolution - Claims can be brought before administrative bodies, mediation or arbitration panels, provincial courts or national courts depending on the issue and the parties. Time limits for claims vary - consult a lawyer early to preserve rights.

Frequently Asked Questions

How can I check if a real estate broker in Florida, Argentina is properly licensed?

Ask the broker for their professional matrícula number and the name of the provincial Colegio where they are registered. You can also contact the Colegio de Corredores Inmobiliarios of Buenos Aires Province or the municipal office in Vicente López to confirm registration and any disciplinary history.

Do I need a written brokerage agreement?

Yes. A written agreement clarifies the broker's duties, the commission rate, whether the agreement is exclusive, the term, and termination conditions. Written contracts make it easier to resolve disputes and prove entitlement to commissions or defenses against claims.

What is a reasonable commission for a real estate sale?

Commission rates vary by market, property type and local custom. They are generally negotiable. In Argentina, commissions are often a percentage of the sale price, but the exact rate should be set out in the written agreement. If in doubt, consult a lawyer or the local Colegio for industry standards.

Can a broker charge a commission if the sale does not close?

That depends on the contract terms. Some agreements state that a commission is payable when the broker produces a ready, willing and able buyer and the parties sign a binding agreement. Other contracts specify payment only upon closing. Always check the wording in the brokerage contract.

What are my rights if a broker misrepresented a property?

If a broker made false statements or omitted material facts, you may have remedies under contract law, tort law or consumer protection statutes. Remedies can include rescission of the contract, damages or compensation. Document communications and obtain legal advice promptly.

How do I complain about an unlicensed or unethical broker?

File a complaint with the relevant professional Colegio or with provincial or national consumer protection authorities. For financial intermediaries, you can notify the CNV and the UIF for suspicious activity. A lawyer can help prepare the complaint and represent you in administrative or court proceedings.

Are securities brokers in Argentina regulated differently from real estate brokers?

Yes. Securities brokers and investment firms operate under CNV regulations and banking rules, with stricter licensing, capital, custody and reporting obligations. They are subject to specific conduct rules and supervision aimed at protecting investors and market integrity.

What taxes apply to brokerage commissions?

Commissions are subject to income tax and, depending on the nature of the service, VAT. There may also be withholding obligations for the payer. Tax treatment can vary by entity type and transaction. Consult an accountant or lawyer familiar with AFIP rules to determine the correct tax treatment.

Can a broker act for both buyer and seller at the same time?

Dual representation or dual agency may be allowed but raises conflict of interest issues. The broker must disclose the dual role and obtain informed consent from both parties. In many cases, exclusive representation by the same broker without full disclosure and consent can be problematic and increase legal risk.

How long do I have to bring a legal claim against a broker?

Time limits vary depending on the type of claim and applicable law. Prescription periods under Argentine law differ for contractual claims, tort claims and administrative complaints. Because limits can be strict, seek legal advice promptly to avoid losing your right to bring a claim.

Additional Resources

Useful governmental bodies and organizations to consult or contact include:

- Comisión Nacional de Valores (CNV) - regulator for securities and financial markets.

- Unidad de Información Financiera (UIF) - anti-money laundering authority.

- AFIP (Administración Federal de Ingresos Públicos) - national tax authority.

- Colegio de Corredores Inmobiliarios de la Provincia de Buenos Aires - professional body for real estate brokers in the province.

- Municipalidad de Vicente López - local municipal office for permits, property information and local regulations affecting Florida, Vicente López.

- Dirección Nacional y Provincial de Defensa del Consumidor - consumer protection agencies for complaints about unfair practices.

- Registro de la Propiedad Inmueble local registry - for title searches and property records.

- Inspección General de Justicia or equivalent commercial registries - for company registration and corporate records.

- Local bar associations and legal aid clinics - for referrals to specialized lawyers in brokerage, real estate and securities law.

Next Steps

If you need legal assistance with a brokerage matter in Florida, Argentina, consider the following steps:

1. Gather documents - Collect all contracts, emails, messages, advertisements, receipts, proof of payments, and any identification or registration details of the broker.

2. Verify credentials - Ask for the broker's matrícula or registration number and confirm with the relevant Colegio or regulator.

3. Take quick action - Because legal time limits may apply, contact a lawyer early to preserve evidence and discuss urgent measures.

4. Choose the right lawyer - Look for a lawyer experienced in real estate or securities law as appropriate. Ask about experience with local courts or administrative bodies, fees, retainer requirements and likely timelines.

5. Consider alternative dispute resolution - Mediation or arbitration can be quicker and less costly than litigation for certain disputes. Discuss suitability with your lawyer.

6. File complaints when appropriate - If the broker breached professional duties, consider filing complaints with the Colegio, consumer protection agencies, CNV or UIF according to the nature of the issue.

7. Get professional tax and accounting advice - For commission taxation and reporting obligations, consult an accountant familiar with Argentine tax law.

8. Stay informed - Keep records of communications and follow your lawyer's instructions closely. Regular updates and clear communication will help you achieve the best outcome.