Best Commercial Real Estate Lawyers in Florida

About Commercial Real Estate Law in Florida, Argentina

Florida is a residential and commercial neighborhood in Vicente López Partido, part of Greater Buenos Aires in Buenos Aires Province, Argentina. Commercial real estate transactions there are governed by a combination of national laws, provincial regulations and municipal ordinances. Key elements include property ownership and registration, the formality of title transfers before a notary-public attorney - an escribano - and local zoning and building rules enforced by the municipality. Commercial property practice also intersects with tax rules, environmental obligations and sector-specific regulations for activities such as hospitality, retail and light industry. Typical transactions involve buyers, sellers, real estate brokers, an escribano to formalize the deed, municipal authorities for permits, and often financing from local banks.

Why You May Need a Lawyer

Commercial real estate transactions and operations raise legal, financial and regulatory issues that benefit from expert legal help. Common scenarios where a lawyer adds value include:

- Buying or selling commercial property - to conduct thorough title and encumbrance searches, draft and negotiate sale contracts and supervise closing formalities.

- Leasing commercial space - to draft leases that allocate risk, set rent and indexation, define maintenance obligations and termination rights.

- Development and construction - to manage contracts with contractors, ensure compliance with building permits and address liens or contractor claims.

- Financing and securities - to structure mortgages, guarantees and review lender documentation.

- Zoning, permitting and municipal compliance - to obtain habilitation, build permits and resolve municipal code matters.

- Environmental compliance - to assess contamination risk, comply with remediation obligations and manage associated liabilities.

- Disputes and insolvency - to handle landlord-tenant disputes, contract breaches, enforcement of guarantees and restructuring or foreclosure processes.

- Foreign investment and tax planning - to navigate rules for non-resident buyers, currency controls and tax consequences of transactions.

Local Laws Overview

Below are the key legal areas that commonly affect commercial real estate transactions in Florida, Vicente López and greater Buenos Aires.

- Title and registration - Ownership rights are recorded in the provincial Property Registry. Valid title and absence of encumbrances are essential. Many transactions require a public deed signed before an escribano and then registration with the relevant Registro de la Propiedad Inmueble of Buenos Aires Province.

- Formality of transfers - Real estate transfers are usually executed by escritura pública - a notarial deed - prepared by an escribano. The escribano performs part of the due diligence and files the deed for registration.

- Mortgages and guarantees - Mortgages (hipotecas) and other guarantees must be formalized and registered. Creditors commonly use mortgages and fiduciary trusts as security for loans.

- Zoning and urban planning - Municipal zoning ordinances define permitted uses, floor area ratios, setbacks and parking requirements. The Municipality of Vicente López regulates local land use and issues habilitation and building permits for commercial activities and construction.

- Building permits and habilitation - Any construction, substantial alteration or change of use requires municipal permits and final habilitation for operation. Failure to obtain proper permits can result in fines and stop-work orders.

- Taxes and fees - Typical taxes and costs include municipal property tax and municipal rates (often referred to as ABL), provincial stamp taxes and transfer taxes, provincial and municipal turnover or gross receipts taxes (ingresos brutos), national taxes such as income tax and value-added tax - IVA - where applicable, and notary and registry fees. Tax treatment varies with transaction type and parties involved.

- Commercial leases - Commercial lease terms are largely subject to agreement between parties, unlike many residential protections. Important clauses include rent and indexation, duration, renewal rights, deposit and guarantees, responsibility for repairs and fixtures, subletting and assignment, and indemnities.

- Environmental and safety rules - Environmental laws at national and provincial levels regulate soil contamination, hazardous waste, emissions and required environmental impact assessments for certain projects. Occupational safety and fire regulations also affect commercial premises.

- Foreign buyers and currency matters - Foreign individuals and entities can acquire property in Argentina, but there are special rules and restrictions for border zones and rural land. Foreign buyers generally need a local tax identification number and should obtain advice on currency controls and transfer mechanisms that may affect purchase payments.

- Dispute resolution and enforcement - Contract enforcement typically proceeds through Argentine courts, but arbitration clauses are common in commercial contracts. Remedies include specific performance, damages, eviction and foreclosure, depending on the case.

Frequently Asked Questions

How do I buy commercial property in Florida, Argentina?

Start with a written offer and negotiate a sale contract that includes price, deposit, conditions and timelines. Engage an experienced local lawyer and an escribano early. The buyer and seller will complete due diligence, sign a public deed before the escribano and register the deed with the provincial property registry. Expect to pay associated taxes, notary and registration fees.

Do I have to use an escribano for property transfers?

Yes. In Argentina most real estate transfers are formalized through a public deed signed before an escribano. The escribano prepares the deed, verifies identity and title documents, and files the deed for registration. Their role is central to ensuring the transfer is legally valid.

What due diligence should I perform before buying?

Key checks include title and encumbrance search at the property registry, verification of cadastral data and ownership, confirmation of zoning and permitted use with the municipality, outstanding taxes and utility debts, presence of liens or judicial proceedings, building permits and habilitation, and an environmental assessment if industrial or potentially contaminated use is involved.

What taxes and costs should I expect on a purchase?

Costs often include provincial stamp taxes or transfer taxes, notary fees, registration fees, municipal property tax adjustments, and possible capital gains or income tax consequences depending on how the transaction is structured. Buyers and sellers should seek tax advice to understand net costs and withholding obligations.

Can a foreign person or company buy commercial real estate?

Yes, foreigners commonly acquire property in Argentina, including in Greater Buenos Aires. They usually need a local tax identification number (CUIT or CUIL) and must comply with any applicable restrictions for rural or border areas. Currency exchange controls and banking procedures can affect fund transfers, so coordinate with legal and financial advisors.

How are commercial leases different from residential leases?

Commercial leases are more negotiable and less protected by mandatory residential tenant rules. Parties typically negotiate rent, indexation clauses, duration and renewal, maintenance responsibilities, assignment and subletting, and guarantees. Well-drafted contracts are essential to allocate risks clearly and minimize future disputes.

What protections exist if a tenant fails to pay rent?

Landlords can rely on contractual remedies such as eviction procedures, enforcement of guarantees like security deposits, personal sureties or bank guarantees, and judicial claims for unpaid rent and damages. The timeline and procedure for eviction can vary - prompt legal advice helps enforce rights efficiently.

Do I need environmental studies before buying commercial land?

Yes - especially for industrial, storage, or redevelopment sites. Environmental liability can be significant and may survive a sale. A preliminary environmental assessment and, if indicated, a phase II investigation or remediation plan will identify risks and potential liabilities.

How long does a typical transaction take?

Timing varies with complexity. A straightforward sale between private parties in Greater Buenos Aires often takes several weeks to a few months - time is needed for due diligence, document preparation, payment arrangements and registration. Complex deals, developments or those requiring permits can take much longer.

What are common pitfalls to avoid?

Common mistakes include inadequate title checks, ignoring zoning or permit issues, underestimating tax liabilities, relying on verbal agreements, insufficient lease protections, not checking outstanding municipal debts, and failing to assess environmental contamination. Engaging local specialists early reduces these risks.

Additional Resources

To research and navigate commercial real estate in Florida and Vicente López, these local and national institutions are often useful - consult them through your lawyer or advisor for specific procedures and forms:

- Administración Federal de Ingresos Públicos - AFIP - for federal tax obligations and registration requirements.

- Registro de la Propiedad Inmueble de la Provincia de Buenos Aires - for title and encumbrance searches and registry procedures.

- Municipalidad de Vicente López - for zoning rules, building permits, habilitation and municipal taxes and rates.

- Dirección General de Rentas de la Provincia de Buenos Aires - for provincial tax information.

- Colegio de Escribanos de la Provincia de Buenos Aires - for information about notarial practice and locating an escribano.

- Colegio de Martilleros y Corredores Públicos - for licensed brokers and market information.

- Banco Central de la República Argentina - for rules on foreign exchange, currency transfers and banking requirements that may affect funding.

- Provincial and national environmental agencies - for guidance on environmental requirements and remediation obligations.

Next Steps

If you need legal assistance with commercial real estate in Florida, Argentina, follow these practical steps:

- Collect basic documents - property identification, title deeds if available, any existing lease contracts, recent municipal bills and tax receipts, and plans or technical reports.

- Engage a local lawyer experienced in commercial real estate in Buenos Aires Province or Vicente López - ask about experience with similar transactions, fee structure and references.

- Instruct the lawyer to run due diligence - title search, municipal zoning check, tax and debt search, and environmental screening if relevant.

- Work with an escribano to prepare and schedule the public deed and registration once conditions are met.

- Consult a tax advisor to understand transfer taxes, income tax consequences and municipal or provincial obligations.

- If you are a foreign buyer - secure a local tax ID, coordinate banking for transfer of funds and confirm any currency or regulatory steps required.

- Negotiate and document commercial leases or sale terms clearly - include clauses on indexation, maintenance, guarantees and dispute resolution such as arbitration if desired.

- Plan timing for permits, habilitation and any renovations so operations can start without compliance gaps.

Taking these steps with qualified local professionals will help you reduce risk and complete commercial real estate transactions in Florida and the surrounding region with greater confidence.