Real Estate News Here's everything you need to know before signing a property deed to avoid problems - La Nacion Propiedades

[BuySellBA]

Here's everything you need to know before signing a property deed to avoid problems - La Nacion Propiedades








Source:

Esto es todo lo que hay que saber antes de escriturar una propiedad para evitar problemas

Cuáles son los puntos claves que hay que conocer a la hora de comprar un inmueble

www.lanacion.com.ar

February 11, 2026







What are the key points to know when buying a property?

The deed registration process is mandatory to validate the property purchase. Shutterstock



Simply having the money to buy a property is not enough to make the purchase . There are important aspects to consider during the buying and selling process that are essential for formalizing the transaction , such as the property deed.



This is a necessary procedure to ensure that a property legally belongs to a person . This document provides legal security to the owner and is fundamental for fulfilling tax obligations related to property ownership . “It is an essential and mandatory process to grant validity and legal security,” explains notary Martín Gutman, of the notary office that bears his name.

The deed of sale process must be carried out before a notary public. Shutterstock





This process is carried out through a notary public , who can provide information and advice before signing any documents and proceeding with the transaction to avoid misunderstandings and future conflicts. In any buying and selling process, some questions arise, which are answered in these nine key questions:

1) What is the step prior to signing the deed?​

The notary recommends that “when reserving a property, the term ' ad referendum' of the title study and background verification to be carried out by the intervening notary should be included, since he will have access to the copy of the property title to carry out the analysis regarding the legal situation of the property in question,” he adds.



Sellers must hand over the property title to the property being sold , in addition to providing the notary with all the necessary documentation to verify that the property is being sold with its original legal title and free of all outstanding taxes and fees (in the City of Buenos Aires: property tax bills, water bills, building maintenance fees, etc.). If the seller is a legal entity, then the notary must be provided with the Articles of Incorporation or Bylaws, and a resolution from the Governing Body (shareholders' meeting) authorizing the sale of the property with the majorities established in the bylaws.



In that process, Enrique Luis Abatti (h), head of the Abatti & Rocca Abogados law firm , lists the obstacles that may arise in order to freely dispose of the property and how to resolve them :

• Existence of a mortgage : it must be lifted and that lifting must be registered
• A lien on the property must also be lifted. This requires a legal process before the court that issued the lien, which involves paying the debt that led to the lien.
• The seller is subject to a restraining order : they must cancel the existing debt.
• The property has a usufruct in favor of a third party : in this case, the beneficiary must manage the waiver of that usufruct.
• If there is a current rental agreement : the agreement must be respected, unless it states that it is subject to the sale of the property (this is permitted by the Civil and Commercial Code in article 1189)

“ All of this is determined through a request for property title reports and a request for encumbrances , which should be processed when a property is offered for sale. This avoids surprises when starting the paperwork for the deed transfer, since legal procedures can cause significant delays and even jeopardize the sale,” Abatti adds.

2) Who must be present when signing the deed?​

• At the time of signing the deed of sale, all parties to the contract must be present: the sellers (owners) and the buyers. It is possible that one of them may be represented by an attorney-in-fact; in that case, they must present the original power of attorney at the time of signing. If it is a special power of attorney for that deed of sale, the notary must clarify this in the document to be signed.
• If the seller is a company, its legal representative must attend with the company's documentation .
• If the seller is married, the consent of their spouse is required, either granted by proxy or by being present at the signing of the deed. Otherwise, the spouse could request the annulment of the transaction within six months of signing. This applies if “the property is marital property (acquired during the marriage); or if it is separate property (received by inheritance, bequest, or donation, or acquired before the marriage) but is the family home,” explains Beatriz Álvarez, secretary of the CECBA ( College of Notaries of the City of Buenos Aires ).

3) What documentation must the parties submit?​

At the time of signing the deed, the notary will have already reviewed the background of the property , checked the identity of the people through the website of the National Registry of Persons ( Renaper ) and conducted an interview with the buyer to have a profile based on the current UIF regulations on the origin of funds, among other details.

• Property taxes and expenses are "propter rem," meaning they apply to the property itself, not the person. However, electricity, gas, and telephone services are personal.
• Additional documents may be required, for example, if the parents purchased the property and have passed away, their inheritance documents are required.
• There is a legal alternative for these cases known as "abbreviated title," which is handled by the same notary and greatly expedites the process. It is a procedure that shortens a registration step when the property owner dies, allowing the heir to sell the property even if it is not registered in their name.

Preparing the documentation is key when buying a property

4) What is the actual cost of registering the deed?​

Both the seller and the buyer must cover the costs associated with the closing process . The seller is responsible for all pre-closing expenses, including the notary's fees, while the buyer pays for subsequent closing costs. According to a report by the real estate platform Zonaprop , corroborated by notary Federico Leyria, a member of the College of Notaries , the expenses each party must pay in 2025 are as follows :

Seller's Expenses:​

Certificates : The seller must bear the cost, prior to the signing of the deed, of the documents that enable the transaction, such as the title certificate or the lien report. The processing of these reports could reach 0.2% of the property price

Stamp Tax : This tax applies both in the City of Buenos Aires (CABA) and in the other 23 provinces of the country. Since it is a local tax, each jurisdiction establishes the tax base and the taxable event. In CABA, the rate is 3.5%, which is divided between the parties; therefore, the seller pays 1.75%. However, "if the transaction is for the purchase of a single-family home, the tax is not payable," explains the notary.

Debts : If there are any outstanding expense payments or tax debts, such as property taxes or other property-related taxes, the seller must pay them before closing.

Title search : A title search is a thorough investigation into the legal status of a property, in which a notary or lawyer analyzes the property's history, going back up to 20 years, primarily to prevent fraud. This verification costs 0.2% of the transaction price.

Real estate commissions : In CABA, the commission paid by the seller to the real estate agency is 1% or 2% of the property value plus VAT, although it tends to be collected before the signing of the deed.

Other expenses : Some additional costs for the seller could include plan updates, vacating the property, etc.

Buyer's expenses:​

Stamp Duty : Just like the seller, the buyer must pay 1.75% based on the deed price. If the property purchased is for use as a primary, family residence and permanent occupancy, this tax is reduced

Property registration fees : This is a variable fee paid for the right to register a property in the Property Registry. A positive development in 2024 was the reduction of this fee through Decree 902/2024, which cuts the Property Registry (RPI) fee by almost half, reaching, in some cases, only 0.3‰.

Professional fees : The property buyer must pay 2% of the professional fees, plus VAT. Payment can be made in pesos or in dollars at the MEP exchange rate.

Real estate commission : the buyer pays between 3% and 4%. Real estate fees are regulated by law and by the Professional Real Estate Association. As with the seller, this fee is usually paid before signing the deed.

Notarial contribution : tends to be 0.1% at most.

5) What is the difference between registering a used property and a brand new one?​

The difference between registering a new property and a used one isn't that significant, but in the first case, the costs are higher because there are additional expenses associated with the initial registration. Furthermore, in this case, "the registration is done before the notary appointed by the construction company or developer, which in many cases prevents the parties from negotiating the fees," Abatti adds.

6) Can the entire purchase price be paid before the deed is signed?​

“Yes, the entire purchase price can be paid before the deed is signed, although it's not recommended ,” explains Abatti. He adds that the usual practice is to sign a purchase agreement with a down payment of around 30%, and the remaining balance is paid upon signing the deed. If the parties agree to pay the remaining balance in installments, “the deed is signed and a mortgage is placed on the property to secure the payment.”

However, it's also possible for the buyer to make a down payment on the property for a minimal amount, "to confirm the transaction and take the property off the market," the notary explains. Then, the parties agree on whether to sign a preliminary sales agreement, a contract, or proceed directly with the deed, paying the full amount at the time of signing.

Possession of the property must always be handed over at the time of signing the deedPhoto of Tierra Mallorca on Unsplash

7) What key points should be detailed at the time of signing?​

Notary Martín Gutman points out the essential points that must be included in the deed and in the act of signing:

• Personal data of the parties
• Identification of the property according to the previous title
• Price and payment method, issuance of receipt
• The absence of liens and precautionary measures
• The withholding of taxes levied on the sale, for the payment that the notary will make.

8) How long can the deed registration process take?​

The duration of the closing process can vary depending on several factors, such as the complexity of the transaction, the existence of outstanding debts, and others. But “in a relatively normal transaction, the closing process is usually completed within 30 days of reserving the property,” Gutman concludes.

9) When does possession of the property take place?​

According to the secretary of the Buenos Aires City Notary Association, possession must always be transferred at the time of signing the deed . "If for any reason the sellers need to stay in the property for a few days, a loan agreement is signed for the necessary period, and the sellers will remain in the property with possession, but the legal ownership will then belong to the buyers," she explains.







www.buysellba.com