Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Real estate contracts in Argentina, including those in Mar del Plata, are primarily governed by the Civil and Commercial Code in force nationwide. These laws set the rules for promises to buy or sell, rental agreements, and the formalities required for transferring property. In practice, a typical sale involves a promesa de compra-venta (promise to buy) followed by an escritura publica (public deed) before a notary, and then the property is registered in the Registro de la Propiedad Inmueble. This sequence helps protect the rights of buyers and sellers alike.
Mar del Plata, as a major coastal city in Buenos Aires Province, follows the same national framework while also reflecting local administrative practices. Notaries (escribanos) play a central role in certifying real estate transactions and ensuring that title and encumbrances are properly disclosed. Additionally, due diligence-such as verifying title, liens, and municipal permits-remains essential before any binding agreement is signed.
Because real estate contracts involve substantial financial risk and long-term obligations, legal counsel can help tailor documents to your situation. Using precise terminology, clear deposits, and appropriate timelines reduces disputes and speeds up closing. Courts and notaries frequently reference the Civil and Commercial Code and relevant provincial regulations when interpreting terms in a contract.
“Contracts in Argentina must comply with good faith, objective clarity, and the purposes of the juridical acts they establish.”This principle, rooted in the Civil and Commercial Code, guides negotiators and litigants when disputes arise. InfoLEG provides official access to the Civil and Commercial Code text and related norms.
“For real estate transfers, the act of transfer requires an escritura publica before a notary and subsequent registration in the property registry.”This formal requirement is a cornerstone of real estate negotiation and closing in Argentina. Boletín Oficial contains the official publication of laws and decrees that affect property transactions.
Here are concrete, real-world scenarios in Mar del Plata where a lawyer’s expertise is essential in Real Estate Contracts and Negotiations:
The following laws and regulatory frameworks shape Real Estate Contracts and Negotiations in Mar del Plata. Each section names a law or regulation and highlights its relevance to typical transactions.
Código Civil y Comercial de la Nación (Civil and Commercial Code) governs contract formation, interpretation, and enforceability across Argentina. It covers promesas de compra-venta, sellos, misrepresentations, and remedies for breach. The Code emphasizes good faith, certainty, and the necessity of formalities for real estate transfers.
Ley de Alquileres 27.551 (Residential Leases) regulates contracts for housing rentals, including term length, updates, and tenant protections. This law affects negotiations for lo actions such as renewal, rent adjustments, and eviction procedures in Mar del Plata rental markets. Official texts and updates are available through government sources.
Ley de Firma Digital (Electronic Signatures) recognizes electronic signatures and related authentication for contracts, including real estate agreements, when properly executed. This can streamline negotiation processes and reduce reliance on in-person meetings in some cases.
These laws guide how you structure, negotiate, and finalize real estate transactions in Mar del Plata. For authoritative texts and updates, consult the official sources below.
“The transfer of real property requires an escritura publica before a notary and registration of the title in the Registry of Property.”
InfoLEG hosts the official Civil and Commercial Code and related normative texts you may consult for precise legal language and latest amendments.
“Residential leases are governed by Ley 27.551, including terms, rent adjustments, and renewal provisions.”
InfoLEG provides the text and amendments of the Ley de Alquileres for reference in Mar del Plata leases.
A promesa de compra-venta is a binding agreement to buy a property in the future. Use it when you need time to arrange financing or complete due diligence while keeping the seller from listing the property with others.
Verify title by reviewing the title deeds at the Registro de la Propiedad and confirm no liens or restrictions. A lawyer can request a title report and coordinate with a notary for clearance.
The notary authenticates the transfer, ensures compliance with formalities, and certifies the deed for registration. This step is essential for a legally enforceable transfer.
Yes. A lawyer can assess rent terms, renewal conditions, and eviction protections under Ley 27.551 to prevent unfavorable terms and ambiguous clauses.
Closing often takes 45 to 90 days after signing the promesa de compra-venta, depending on due diligence, financing, and notarial scheduling. Delays are common when title issues arise.
Electronic signatures are recognized if implemented with appropriate authentication and reliability standards. Confirm the method with your lawyer and the notary.
Expect notary fees, registration costs, and potential taxes. A lawyer can provide a detailed estimate based on the property value and transaction type.
Yes. Registration in the Registro de la Propiedad Inmueble completes the ownership transfer and protects your rights against third parties.
A promesa de venta commits both parties to a future sale under agreed terms. An option to purchase provides the buyer a right to buy within a time period, usually for a fee, without an obligation to sell.
Yes. Commercial leases are negotiated separately from residential leases and may involve different terms, such as length, rent reviews, and maintenance obligations.
A lawyer can assist with negotiation, drafting, due diligence, and litigation strategy. Costs vary by complexity, but a preliminary consultation is typically a starting point.
Local expertise matters for municipality-specific permits, local practice norms, and registry access. A local lawyer can coordinate with national resources if needed.
