Best Real Estate Lawyers in San Justo

About Real Estate Law in San Justo, Argentina

San Justo is the administrative seat of La Matanza Partido in Greater Buenos Aires. It is a densely populated urban area with a mix of residential, commercial and industrial properties. Real estate transactions in San Justo follow national and provincial law, but many practical rules and permits are administered at the municipal level by the Municipalidad de La Matanza. Common matters include purchase and sale of homes, apartment buildings under propiedad horizontal, leases, land subdivision and building permits, property regularization and boundary disputes.

Key actors in local real estate matters are notaries-public - escribanos - who prepare and certify public deeds, the Registro de la Propiedad Inmueble of the Province of Buenos Aires where titles and encumbrances are recorded, municipal offices that manage zoning and building permits, and professional associations such as the Colegio de Escribanos and the Colegio de Martilleros y Corredores Públicos. Because Argentina uses a public-deed system for most transfers of immovable property, the escritura publica is central to secure ownership, and registration is necessary to make property rights opposable to third parties.

Why You May Need a Lawyer

You may need a lawyer for many common real estate situations in San Justo. A lawyer can help you understand your rights and obligations, protect you from fraud, and ensure transactions comply with applicable law. Typical situations that call for legal assistance include:

- Buying or selling property - to conduct title and encumbrance searches, review and draft sale contracts and ensure proper execution of the escritura and registration.

- Renting or leasing - to draft or review lease agreements and advise on dispute resolution, deposits and eviction procedures.

- Handling condominium matters - to interpret condominium by-laws, challenge expensas charges and represent owners in assemblies or disputes.

- Regularizing informal property situations - to assist with prior title defects, prescriptive claims, or participation in public regularization programs.

- Dealing with liens, mortgages and foreclosures - to negotiate with creditors, challenge improper liens or represent owners in foreclosure proceedings.

- Building and zoning issues - to obtain permits, resolve noncompliance notices, or appeal municipal fines and orders related to constructions or use.

- Boundary and neighbor disputes - to clarify property limits, obtain expert surveys and pursue litigation or negotiated solutions.

- Inheritance and succession matters - to transfer title after death, handle probate or simplify transfers among heirs.

Local Laws Overview

Real estate in San Justo is governed by a mix of national, provincial and municipal rules. The most relevant points to keep in mind are:

- Civil and Commercial Code - at the national level, the Civil and Commercial Code regulates property rights, possession, contracts, condominium regimes (propiedad horizontal) and certain aspects of leases. This code sets the foundational legal framework for ownership, contractual obligations and modes of acquisition such as prescriptive title - usucapion.

- Provincial registration - the Registro de la Propiedad Inmueble of the Province of Buenos Aires records property titles, mortgages, embargos and other encumbrances. Registration is what makes a transfer or lien effective against third parties, so title searches at the appropriate circunscripcion are essential.

- Municipal regulations - the Municipalidad de La Matanza issues zoning rules, building permits and controls for constructions and habilitaciones (business licenses). Local urban codes and municipal orders determine permitted land uses, maximum heights, required setbacks and final inspections for new works.

- Condominium regime - apartment buildings and horizontal property are regulated under the Civil and Commercial Code and by building by-laws. Administration of common areas, expensas and owner assemblies have specific legal and procedural rules.

- Tax and fee regime - transfers and ownership trigger municipal and provincial taxes and fees. Province-level agencies such as ARBA manage the Impuesto Inmobiliario provincial, while the municipality charges local rates such as ABL and other tributes. Sellers and buyers should expect notary fees, municipal certificates and possible tax liabilities associated with transfers.

- Consumer and professional regulation - real estate agents and martilleros must register with professional bodies and follow consumer protections. The Colegio de Martilleros y Corredores Públicos supervises the profession and can be consulted in disputes involving brokerage services.

Frequently Asked Questions

How do I verify that the seller really owns the property?

Ask for a recent certificate of title or dominio issued by the Registro de la Propiedad Inmueble and request a certificate of encumbrances that shows mortgages, embargos or other liens. A lawyer or escribano can obtain and interpret these certificates. Also verify identity documents of the seller and check for any judicial orders or inhibitions that may prevent a sale.

What is an escritura and why is it important?

An escritura publica is the notarized public deed that transfers property ownership. It is prepared by an escribano and must be registered in the provincial property registry to make the transfer effective against third parties. Without an escritura and registration, you may not have full legal protection as owner.

Can I buy property in San Justo if I live outside Argentina?

Foreigners can generally buy real estate in Argentina, including in San Justo, but certain restrictions can apply for rural land, border zones or strategic areas. Foreign buyers must comply with identification requirements and may need additional approvals depending on the type of property. Consult a lawyer experienced with foreign investment rules before proceeding.

What checks should I perform before signing a purchase agreement?

Perform a title search, verify encumbrances and debts, obtain municipal certificates showing taxes are paid, request proof of payment of expensas for apartments, confirm zoning and permits if planning construction or change of use, and check whether the property is affected by pending litigation. Have a lawyer review any boleto de compraventa or preliminary contract to ensure adequate protections, payment terms and clear conditions for escritura.

What is a boleto de compraventa and is it binding?

A boleto de compraventa is a private purchase agreement often used to secure the sale and set payment terms prior to the escritura. It can be binding and create obligations for both parties. Because it may contain penalties for breach and payment schedules, have it reviewed by a lawyer to avoid unexpected liabilities.

How are condominium expenses - expensas - handled and what should buyers check?

Buyers should request a certificate of debt for expensas showing the building administration account and any outstanding balances. Also review condominium by-laws, minutes of recent assemblies, any planned special contributions and the budget. Unpaid expensas can become a lien on the unit, so clarity before purchase is essential.

What happens if a tenant stops paying rent - how does eviction work?

Eviction - desalojo - procedures are handled by the civil and commercial courts. Landlords must follow formal steps, typically starting with a claim for unpaid rent and eviction proceedings. Timelines and requirements vary, and recent changes in national regulations or pandemic-related measures may affect procedures. A lawyer can advise on the fastest lawful route and precautions to take when entering into a lease.

Are building permits required for renovations or additions?

Yes, most structural works and significant renovations require municipal permits issued by the Dirección de Obras Particulares or equivalent office. Minor repairs may not require full permits, but it is important to confirm with the municipality. Completing work without permits can lead to fines, orders to undo the works and problems when selling the property later.

What tax obligations arise from buying or selling property?

Transfers typically involve notary fees, registration fees and taxes that may be payable by the buyer, the seller or shared by agreement. The seller may be subject to income tax or capital gains tax depending on circumstances. Provincial and municipal taxes may also need to be settled before transfer. Because tax consequences depend on many factors, consult a tax advisor or lawyer to estimate costs accurately.

How do I find a trustworthy lawyer or escribano in San Justo?

Look for professionals registered with local professional bodies, ask for references from people you trust, and review prior experience in real estate transactions in La Matanza. Request a written engagement letter that spells out fees and services. You can also consult the Colegio de Escribanos de la Provincia de Buenos Aires and the Colegio de Martilleros y Corredores Públicos for referrals and verification of credentials.

Additional Resources

When seeking help or verification, consider contacting or consulting the following local and provincial bodies and organizations - they can provide official information and guidance:

- Municipalidad de La Matanza - municipal offices for zoning, building permits, cadastral and municipal tax certificates.

- Registro de la Propiedad Inmueble - Provincia de Buenos Aires - for title searches and certificates of encumbrance in the appropriate circunscripcion.

- ARBA - Agencia de Recaudación de la Provincia de Buenos Aires - for provincial tax information related to property.

- Colegio de Escribanos de la Provincia de Buenos Aires - to find or verify notaries-public and obtain guidance about escritura procedures.

- Colegio de Martilleros y Corredores Públicos - for information about licensed real estate brokers and professional standards.

- Local Civil and Commercial Courts in La Matanza - for procedural information on disputes, evictions and property litigation.

- Municipal building and cadastral offices - for certificates regarding permits, cadastral data and ABL or municipal debts.

- Consumer protection or professional oversight offices - for complaints against brokers or service providers.

Next Steps

If you need legal assistance with a real estate matter in San Justo, consider the following practical steps:

- Gather documents - collect deeds, tax receipts, expensas statements, identity documents, and any prior contracts related to the property.

- Do a preliminary title check - request or authorize a lawyer or escribano to obtain up-to-date registry certificates for title and encumbrances.

- Consult a local lawyer - choose a lawyer with experience in real estate in La Matanza or Greater Buenos Aires and ask for a clear engagement letter describing fees and services.

- Request a cost estimate - get an estimate of likely taxes, notary and registration fees, and legal costs so you can budget the transaction.

- Verify municipal compliance - ask the municipality about permits, zoning, and any outstanding municipal debts that could affect the transaction.

- Negotiate protective contract terms - when signing a boleto or reservation agreement include clauses that protect you from defects, specify conditions for entrega of funds and provide for contingencies.

- Avoid large cash payments without safeguards - use escrow arrangements, bank deposits or notary-supervised mechanisms where appropriate, and get receipts for all payments.

- Coordinate with an accountant - for advice about tax implications of the transaction and post-sale reporting obligations.

- Keep records - maintain a complete file of all contracts, certificates, permits and correspondence related to the property.

Real estate transactions are important and can be complex. Local legal advice tailored to your specific situation will reduce risk and help ensure a secure outcome. If you are unsure where to start, contact a local lawyer or escribano to explain the process and conduct the necessary searches on your behalf.