Best Conveyancing Lawyers in San Justo

About Conveyancing Law in San Justo, Argentina

Conveyancing in San Justo follows the legal framework of the Province of Buenos Aires and the national laws of Argentina. Conveyancing describes the legal process of transferring real estate ownership - from the first agreement between buyer and seller to the public deed and registration. In Argentina most transfers require a public deed executed by a notary public - an escribano - who prepares the escritura, certifies identities and signatures, settles required withholdings and conditions, and registers the new ownership in the local Registro de la Propiedad Inmueble. San Justo is the administrative seat of the Partido de La Matanza, so many municipal, cadastral and tax procedures are handled locally by municipal offices and the provincial authorities.

Why You May Need a Lawyer

Conveyancing involves legal, tax and technical issues that can create risk if not handled correctly. People commonly hire a lawyer or an escribano in these situations:

- Buying or selling a residential or commercial property - to perform title searches, draft or review the boleto de compraventa or the escritura, and ensure registration is clear.

- Using property as collateral - to draft and register mortgages, to understand lender conditions and implications.

- Inheriting property - to sort out succession procedures, verify heirs and prepare required documents for transfer.

- Regularizing informal or defective titles - to correct registration problems, clear liens, or update cadastral plans and mensuras.

- Subdivision, development or lot sales - to navigate municipal approvals, planos de mensura and zoning rules.

- Disputes over boundaries, usufructs, adverse possession or unpaid expensas - to protect your rights and obtain judicial or notarial remedies.

- Foreign buyers or sellers - to ensure compliance with immigration, tax and registration rules that may differ for non-residents.

Local Laws Overview

Key legal and administrative elements relevant in San Justo include the following.

- Notarial system and public deed: Ownership transfers generally require an escribano who prepares the escritura traslativa de dominio. The escribano verifies identities, examines title history and supervises payment of taxes and withholdings prior to signing the deed.

- Property registration: The Registro de la Propiedad Inmueble of the Province of Buenos Aires registers property ownership and encumbrances. A certificate of dominio and anotaciones registrales are essential for due diligence.

- Municipal and provincial taxes: Transfers normally generate obligations such as impuesto de sellos and municipal fees. The provincial tax authority - Agencia de Recaudación de la Provincia de Buenos Aires (ARBA) - and the Municipalidad de La Matanza administer many tax and cadastral matters.

- Cadastral requirements: Mensura and plano de mensura must be up to date and approved by the municipal catastro when required. For condominiums, the Escritura Constitutiva and reglamento de copropiedad regulate common areas and expensas.

- Private contracts: Parties often sign a boleto de compraventa - a preliminary private agreement - that sets conditions, price and deposit terms. The boleto does not transfer title; the escritura does.

- Consumer and real estate regulation: Real estate agents, developers and professionals are subject to provincial and municipal rules. Agents usually charge commissions agreed by the parties and regulated by local customs and associations.

Frequently Asked Questions

What is the role of an escribano and do I also need a lawyer?

An escribano is a public notary who drafts and certifies public deeds, performs identity checks, validates documentation and executes the escritura which transfers ownership. Many buyers and sellers also hire a lawyer to provide legal advice, conduct additional due diligence, negotiate contract terms and represent them in disputes. For complex transactions you may want both professionals - a lawyer for legal strategy and the escribano for notarial formalities.

What documents should I request before buying a property in San Justo?

Ask the seller for the last escritura, a current certificate of dominio from the Registro de la Propiedad Inmueble, fiscal cadastral information or plano de mensura if available, comprobantes of paid property taxes and municipal rates, and for condominiums, recent comprobantes de expensas and the reglamento de copropiedad. Also request evidence of no outstanding mortgages, embargos or inhibiciones.

How long does a typical transfer take?

Timing varies. The private boleto de compraventa stage can be quick, but preparing the escritura, arranging tax clearances, resolving encumbrances and registering the deed often takes several weeks. Complex due diligence or municipal approvals can extend the timeframe. Your escribano or lawyer should provide an estimate based on the transaction specifics.

Can a foreigner buy property in San Justo?

Yes. Foreign natural persons and foreign entities can generally acquire property in Argentina subject to certain restrictions for border zones and strategic lands. Non-residents may need specific documentation and tax registrations. Consult a lawyer experienced with international clients to confirm requirements and any tax consequences.

What taxes and fees should I expect when transferring property?

Common costs include escribano fees, registration fees at the Registro de la Propiedad Inmueble, impuesto de sellos and municipal or provincial taxes that may apply at transfer. There are also real estate agent commissions, potential capital gains or income tax implications, and costs to obtain official certificates and clearances. Exact amounts depend on provincial rules and the value of the operation, so ask for written estimates from your escribano and lawyer.

What is a boleto de compraventa and is it binding?

The boleto de compraventa is a private preliminary agreement that records the intention to buy and sell and sets the price, deposit and conditions. It is binding between the parties - it creates enforceable obligations - but it does not transfer ownership. The definitive transfer is completed with the public escritura signed before an escribano and registered in the property registry.

How can I check if a property has liens, mortgages or embargos?

Order a title search and obtain a current certificate of dominio and anotaciones registrales from the Registro de la Propiedad Inmueble. These documents show registered mortgages, embargoes, inhibitions and other annotations. A lawyer or escribano can request and interpret these records for you.

What if the seller does not provide clear title or there are hidden defects?

If title problems appear during due diligence you can negotiate remedies - such as seller clearance of debts, price adjustment, or withdrawing from the deal if the boleto allows it. If defects surface after transfer, legal remedies may include civil claims against the seller for warranty of title. To reduce risk, perform thorough due diligence before signing the escritura and consider contractual protections in the boleto.

Are municipal and cadastral matters handled locally in San Justo?

Yes. Municipal offices in La Matanza handle local cadastral procedures, approvals for planos de mensura, building permits and municipal rates. The municipal catastro and Obras Particulares departments may need to issue certificates or approve plans as part of the conveyancing process. Coordinate with your escribano or lawyer to gather required municipal clearances.

How should I choose a conveyancing professional in San Justo?

Choose an escribano or lawyer with experience in property transfers and knowledge of La Matanza procedures. Verify professional registration - escribanos are registered with the Colegio de Escribanos de la Provincia de Buenos Aires and lawyers with the Colegio de Abogados local. Ask for references, a written engagement letter detailing services and fees, and a realistic timeline. For foreign clients, consider professionals with experience handling international documentation and tax issues.

Additional Resources

These local and provincial organizations can help you find information or confirm procedural requirements - contact them through their official channels or consult them via your lawyer or escribano.

- Registro de la Propiedad Inmueble de la Provincia de Buenos Aires

- Colegio de Escribanos de la Provincia de Buenos Aires

- Agencia de Recaudación de la Provincia de Buenos Aires - ARBA

- Municipalidad de La Matanza - Oficina de Catastro y Obras Particulares

- Colegio de Abogados de La Matanza

- Administración Federal de Ingresos Públicos - AFIP (for tax and registration obligations)

Next Steps

If you need legal assistance with conveyancing in San Justo follow these practical steps:

- Gather documents: collect any escritura, tax receipts, planos and identification documents such as DNI or passport and CUIT/CUIL if applicable.

- Contact professionals: schedule consultations with an escribano and, if you prefer separate legal counsel, a property lawyer. Ask for written fee estimates, a timeline and a clear list of documents they will require.

- Perform due diligence: authorize your professional to obtain a title search, certificado de dominio and municipal/cadastral certificates. Review results before signing final agreements.

- Clarify taxes and costs: request a written breakdown of taxes, notary fees, registration charges and commissions so you can budget accurately.

- Use written agreements: ensure the boleto and the escritura set out obligations clearly and include remedies for non-compliance. Keep copies of all signed documents and receipts.

- Follow up on registration: after the deed is signed, confirm that the escritura is registered with the Registro de la Propiedad Inmueble and that the registry entry reflects the new ownership.

If you are unsure where to start, make an appointment with a local escribano or property lawyer in San Justo to discuss your specific transaction. Professional guidance reduces the risk of costly errors and helps ensure a secure transfer of property rights.