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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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Last Update: 25 de September de 2006