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Free Guide to Hiring a Real Estate Lawyer
Conveyancing in Mar del Plata involves legally transferring ownership of real estate from a seller to a buyer. In Argentina, such transfers typically require a public escritura or deed before a licensed escribano (notary) and subsequent inscripción in the Registro de la Propiedad Inmueble. The process is guided by national civil and commercial rules and by provincial practices that regulate notaries and property registries. Understanding the roles of the notary, the buyer and the seller helps ensure a secure transfer and clear title.
Key steps usually include due diligence on the title, a formal sale agreement, financing arrangements if any, payment of taxes, execution of the escritura publica, and the final registration of the property in the provincial registry. Because Mar del Plata is a popular coastal city with many second homes and rental properties, buyers often need to verify municipal taxes, zoning, and planned developments that could affect property use after the transfer.
For residents, working with a qualified legal professional who understands both national civil law and Buenos Aires Province practices helps avoid common pitfalls such as title gaps, encumbrances, or miscalculated transfer taxes. The notary acts as the central figure in formalizing the transaction, while a lawyer or solicitor can handle due diligence and risk assessment before you commit to a sale.
Key fact: In Argentina, real estate transfers are typically carried out as a public deed before a notary (escribano) and must be registered with the local property registry to be effective.
Source: Boletín Oficial and normative portals outlining the general framework for property transfers in Argentina.
This section highlights the core legal framework that governs property transfers and conveyancing in Argentina, with emphasis on Mar del Plata in Buenos Aires Province.
The national Civil and Commercial Code provides the essential rules about property ownership, transfer of title, and the duties of buyers and sellers. It governs how real property rights are acquired, transferred, and registered. The Code modernized and unified prior civil law under a single framework, improving clarity for property transactions across Argentina.
Effective changes from the CCyC began in 2015, with ongoing interpretive updates through courts and administrative bodies. You can consult the official normative portal for the text and amendments: argentina.gob.ar normas and the Boletín Oficial for law publications: boletinoficial.gob.ar.
According to national norms, a real property transfer requires a public deed before a notary and subsequent inscription in the registry to be effective.
Buenos Aires Province regulates the practice of escribanos (notaries) who prepare and formalize real estate deeds. Provincial rules determine how notaries certify title, supervise due diligence, and handle the formal steps for transfer. In Mar del Plata, choosing a licensed escribano with local familiarity helps ensure the deed complies with provincial standards and local registry practices.
Provincial notarial regulation is complemented by professional bodies that oversee practice standards for escribanos. For specific provincial requirements and practitioner guidance, consult official provincial portals and the notarial body websites available through government channels.
Stamp taxes and transfer-related charges are commonly part of conveyancing in Argentina and are typically assessed by the province and the municipality. The exact rate can vary by jurisdiction and the nature of the instrument. A lawyer or solicitor will calculate the applicable taxes and ensure proper timely payment to avoid penalties.
For general tax framework and compliance notes, you can reference official tax portals such as the federal tax authority: AFIP, which provides guidance on national tax obligations that may intersect with property transactions. Provincial guidance on the Stamp Duty and local charges is published through official provincial channels and the Boletín Oficial portal.
Conveyancing is the legal process of transferring property ownership. A lawyer ensures title correctness, compliance with laws, and protection of your interests before you sign.
Begin with a clear property description, budget, and preferred timeline. Hire a local lawyer or solicitor to conduct title checks and coordinate with a notary for the escritura.
In Argentina, a notary is essential to formalize the public deed. A lawyer handles due diligence, risk assessment, and contract terms before the deed is executed.
Use official portals such as the normative database (argentina.gob.ar/normas) and the Boletín Oficial for law texts. Local notaries and provincial bodies also provide jurisdiction-specific guidance.
Due diligence reveals encumbrances, liens, or ownership issues that could affect your rights post-transfer. It helps prevent losing the property or facing adverse claims.
Yes. Financing adds steps for loan approval, conditions precedents, and documents to reflect the mortgage in the escritura and registration.
Yes. Expect taxes like Stamp Duty, registry fees, and potential legal fees for due diligence. Costs vary by property value and municipal rules.
Not necessarily. Many steps can be completed locally, with remote document verification and a nearby notary, but some steps may require in-person actions.
Registration typically follows the escritura and is completed within weeks to a few months, depending on the registry workload and diligence results.
Your lawyer should advise on remedies, including potential rescission, indemnities, or further clarification with the registry. Prompt action minimizes risk.
A typical transaction from agreement to inscription can take 4 to 12 weeks, subject to due diligence results and registry processing times.
