Post Number: 562
|Posted on Friday, June 23, 2006 - 3:54 pm: |
Thread to discuss selling property by non-resident owners.
Post Number: 1
|Posted on Thursday, June 22, 2006 - 10:09 pm: |
I'm wondering if there is someone out there who can help me. My husband has inherited an apartment in Argentina from his mother and consequently there are some questionable family members there suddenly making claims to the placet. We need someone we can trust—a good real-estate lawyer who can handle the sale of this apartment so we no longer have to deal with this headache. Is it possible to find a lawyer in the U.S. educated on the subject of Argentina real-estate law?
Post Number: 12
|Posted on Friday, June 23, 2006 - 2:20 pm: |
Dear Danielle, I have posted a long post but I dont see it...
Allthough I am not a lawyer, I just wanted to add that the cost of a Juicio Sucesorio is gradual.
Many people ignores how much money is necessary to afford a Juicio Sucesorio. Some think in big numbers others much less.
I can not tell you how much will cost but I can give you an idea of the things you will need to pay for.
- You will need Birth, Death and Marriage Certificates of the people involved. This Certificates need to be the payed ones. (little money).
- A Certificate of Dominio for the property.(little money)
- The Certificates issued need to be legalized. (little money)
- You will need to publish in the Boletin Oficial (if it is only one property) if more in two newspapers. No cost in BO. Payed in private newspapers as an add.
- Justice Fee: if the house is in Capital 1,5 % of the fiscal value of the house. The fiscal value of the house you can get it from the last Rentas bill.
- Justice Over Fee : it is a minimum percentage over the Justice Fee.
- Certificate of Dominio of the property together with the certificate of inhibitions of the property and for the dead person (to see all the debts over the property or the dead person).
If necesary, la Cesión de Inheritance Rights: not necesary in all the cases but if necesary you need to pay to an Attorney at law for this and the fee for legalization (20 pesos).
- Registration of the Inheritants Declaration (the most important part of the Jucio Sucesorio) the cost varies on the value of the property and the place where this property is registered (Buenos Aires Capital or PRovince).
- IF it is a house in Provincia (not an appartment) you will need a Catastro Certificate made by an Ingineer Agrimensor.
- If any of the Certificates are not Argentine it will be necesary to have a Translation made by Traductor Publico and have it legalized before the Colegio de Traductores.
- Power of attorney given to the lawyer so he/she cant represent you since you are not here.
- Aportes previsionales over the regulated fee for the layer. (retirement benefits for the lawyer).
The fee for the lawyer is a percentage of the real value of the property (not the fiscal value) which is a common agreement between the client and the lawyer depending on the importance of the inheritated values.
If you make an agreement in advance you will be able to pay even less than suggested by law. Usually it is between 7% and 10% of the value of the properties.
The law allows to charge even much more that is why it is very important to make an agreement before the Juicio Sucesorio starts.
The fee could be payed in small payments. If the property is going to be sold the lawyer could accept to recieve the payment once the property is sold.
How long does it take the whole process depends on how fast you collect all the info, the commitmnet of the lawyer, the complexity of the Sucesion and the way the people of the Juzgado involved works.
It is extremely important that the names in the papers for one person are always the same. For example if you have two names in one paper and one in another, you need an extra document "auto de indetidad" to prove that this different names belong to the same person. If not this could take for ever. Same goes for last names.
Let's say that if in one paper you are John Smith and in another you are John Peter Smith, you will need an "auto de identidad" that proves those two different names belong to the same person.
All the best,
Post Number: 564
|Posted on Friday, June 23, 2006 - 4:00 pm: |
You can check Miami listings. You may have a good chance of finding an attorney who is *very* knowledgeable on argentina civil matters, if not an expat him/herself. But Carmen's recommendations are probably the best. With a trusted attorney in Argentina your expenses will be 1/4, or less.
Post Number: 13
|Posted on Friday, June 23, 2006 - 4:39 pm: |
The problem of hiring lawyers based in USA is the cost he/she will charge since they will charge you also for the costs of an Argentine Estudio Juridico since there is no way to do this with no local lawyer representing the client.
In my opinion the USA based lawyer will merely act as a translator of what is going on here but will charge you a lot.
Remember that the cost of property here is small compare to the USA Real State market and the cost of the sucesion will be proportional of the local value of the house.
Post Number: 53
|Posted on Sunday, June 25, 2006 - 1:36 pm: |
There are law firms who have offices in Argentina and the US.
That might be a good souce of legal advice.
Being a non-practicing lawyer, take my advice. Get legal advice from a practicing lawyer.
No offense to anyone but free legal advice is worth exactly what you pay for it.
Post Number: 54
|Posted on Sunday, June 25, 2006 - 1:48 pm: |
If anyone is interested, a couple of my Argentine partners are real estate professionals in the country.
On a recent visit I was shown some amazing properties for sale. Like in Bariloche, on the coastline, Buenos Aires city. the pirces to me were pretty low but I am accustomed to looking at prices in Florida.
Anyone looking for land You can contact me and if they have what you want I will put you in touch with them.
Post Number: 55
|Posted on Sunday, June 25, 2006 - 1:50 pm: |
By the way, thanks for the thread Roberto.
Post Number: 75
|Posted on Tuesday, August 08, 2006 - 1:54 am: |
Laws are different from country to country. Here in Argentina there are certain people you can NOT write out of your last will and testiment so check with a lawyer. Also, on the real estate side of it you will need a good and ethical Escribano. Let me know if you need a referral. I have one several good Escribanos that can asssist you. PM me or email me at mike@apartmentsba (dot) com