Section 11 - The "Escritura".
Most people think that the escritura transfers the property rights, and
it is not completely true. The property rights are transferred when you
receive the " possession of the apartment (called tradición). The act of possession of the
property
will
has to be formalized in an escritura by a Notary.
What the escritura and the
necessary registration of it in the Property Public Register
does is to make your property rights acquired with the possession
opposable against third parties (anyone apart from the buyer).
The Escritura first describes the seller name, ID number, tax id, birth
date, address, and, name of the parents of both parts.
Then it describes the property, the precise location (Square number,
Zone number, street, etc), the total surface in square meters,
percentage of the total building it represents, and the home association
contract details.
Next the Notary certifies that according certificates he obtained the
seller has no legal limitations to transfer the property, and, the
property has no warrants, mortages.
Finally the Escribano certifies the price of the purchase and the fact
that is being paid in his presence, the seller acquits of all the rights
over the property, and transfers them to the buyer, giving the
possession of the apartment to the buyer. The buyer accepts this
transfer becoming the owner
The Escribano will register you as the owner in the Property Public Register
of Capital Federal.
The process of buying finishes with the
signature of the escritura and the possession of the apartment.
IMPORTANT:You need
the Tax ID number (CDI) to be able to sign the escritura (We explain
how to
get it in Section 8). Escritura example to Download
(Spanish)
Escritura.doc

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