Property Due Diligence in Argentina: What to Check Before You Buy

Property due diligence in Argentina requires attention to issues that simply don't arise in the same way in UK conveyancing. Argentina's property registration system is generally reliable but has historical gaps and quirks that create title problems at a higher rate than UK buyers are used to.

Estudio de Títulos (Title Study)

For related context, see Escribano vs UK Solicitor: Why Argentine Property Law Needs a Different Lawyer.

This is the Argentine equivalent of a UK Land Registry search, but conducted by a specialist notary or property lawyer who traces ownership back through multiple transactions, typically 20+ years. The goal: confirm that the seller has clean title to sell.

Common issues found in estudio de títulos:

Breaks in the chain: A previous transaction that wasn't properly registered or had a technical defect — the Argentine system has historically had inconsistent registration, and gaps appear.

Inheritance disputes: Property passed between generations informally or with disputed inheritance proceedings creates clouds on title that need to be resolved before purchase.

Urban regulations: Older properties sometimes have construction that was never formally registered or was built under a building permit that has since lapsed.

The escribano (notary) conducts a title study as part of the transaction, but their job is not solely to protect the buyer. Your own property lawyer reviewing the title independently is strongly advised.

Outstanding Debts That Attach to the Property

In Argentina, certain debts attach to the property itself rather than the person. meaning if the seller has unpaid debts of certain types, they become your problem at purchase. Check for:

Expensas: These are the maintenance/admin fees charged by the consorcio (building management) of an apartment building. Unpaid expensas are a common issue. Your lawyer should obtain a certificado de expensas confirming there are no arrears.

Impuesto Inmobiliario and ABL: Municipal property taxes (ABL = Alumbrado, Barrido y Limpieza) and provincial property tax arrears. Ask for clearance certificates.

Utility debts: Gas, electricity, and water can also attach to the property in some circumstances. Get official clearance on these.

Building-Specific Due Diligence (Apartments)

For an apartment (the most common purchase type in Buenos Aires):

• Request the last 12 months of Actas de Asamblea (building management meeting minutes) — these reveal any major planned expenditures, legal disputes, or structural issues
• Check the Reglamento de Copropiedad (building rules)
• Verify the Plano de la Propiedad (official floor plan) matches what's physically there
• Ask about any pending obras extraordinarias (superb works) that will require large special charges from all unit owners

Valuaciones and the Assessed Value Problem

Properties in Argentina are assessed for tax purposes at a "valuación fiscal" that is typically well below actual market value. This matters because some transaction taxes are calculated on the valuación fiscal, while others use the actual sale price. Your escribano will explain which taxes apply on which basis for your specific transaction.

Be aware that the "actual" price recorded in the escritura may not match what you really agreed to pay. practices of understating sale prices in Argentina's property market have been historically common (to reduce transfer tax). This creates its own risks and is a practice that has become more legally fraught in recent years.

Worth reading next

• Escribano vs UK Solicitor: Why Argentine Property Law Needs a Different Lawyer
• Property Management in Argentina for UK Landlords: Managing a Rental from Abroad
• Getting a CUIT as a UK Buyer: Tax ID for Argentine Property Purchases