Contract and deed

Boleto de compraventa for a lot in Argentina: printable model and how to fill it in

General information, not legal, immigration or tax advice. Rules, exchange rates and prices change and every case has its own details. Before you pay, sign or apply for residency, check the current rules with an Argentine notary (escribano), lawyer or accountant.

Quick answer A boleto de compraventa is the private contract in which seller and buyer agree on the sale of a lot and commit to sign the deed (escritura) later. It must identify the property and set the price, the way it is paid, the date and the notary (escribano) for the deed, and who pays each cost. Below is a reference model you can print. It is not written for any specific case, and a notary (escribano) or a lawyer should review it before you sign.

Before you use a model

Many models circulating online come from other countries or cover movable goods, such as vehicles. A boleto for a lot has to identify the lot with registry and cadastre data, and it has to take care of the points that give legal protection: see what a boleto protects and what it does not. Before you sign:

  1. Request the title search (informe de dominio) and the inhibitions report and attach them to the boleto.
  2. Check the survey plan (plano de mensura); see cadastre, plan and survey of a lot (in Spanish).
  3. Sign with a signature certification (certificación de firmas) before a notary, which helps prove the date. Ask the notary whether you should also record the boleto in a notarial protocol to fix the certain date (fecha cierta).

Reference model, clause by clause

This English text is a reference translation; sign a Spanish version reviewed by an Argentine notary (escribano).

Text in brackets is replaced with the details of your case.

PRELIMINARY SALE AGREEMENT FOR REAL ESTATE (LOT)

In [city], on the [day] day of [month] of [year], between
[full name or company name of the seller], national ID (DNI) or tax ID (CUIT)
[number], marital status [marital status], with address at [address],
hereinafter THE SELLER, and [full name or company name of the buyer],
national ID (DNI) or passport [number], tax ID (CUIT) or labor ID (CUIL)
[number], marital status [marital status], with address at
[address], hereinafter THE BUYER, this preliminary sale agreement
(boleto de compraventa) is entered into, subject to the following
clauses.

FIRST (subject matter). THE SELLER sells and THE BUYER buys the lot
located at [address or location], with an area of [area] square meters,
cadastral designation [cadastral reference], registered in
the Property Registry (Registro de la Propiedad Inmueble) under
folio number (matrícula) or tax account number (partida) [number], according to survey plan
[number and date], with the following dimensions and boundaries:
[dimensions and boundaries].

SECOND (title and free disposal). THE SELLER declares to be the
holder of title, that the property is free of mortgages, attachments,
inhibitions and other encumbrances, except [detail whether any exist], and
that the seller may dispose of it. The title search and
inhibitions reports dated [date] are attached.

THIRD (price and form of payment). The price is [currency and amount],
which is paid as follows: [amount] at signing, as earnest money (seña) and as
part of the price, this document serving as a receipt, and the balance
of [amount] when the deed is signed.

FOURTH (possession). Possession is delivered [at signing / when the
deed is signed], free of occupants.

FIFTH (deed). The deed transferring title will be executed
before [date], before the notary [name], registry number [number],
of [city]. THE SELLER will hand over all the necessary documentation.

SIXTH (costs and taxes). Costs, taxes and fees are
allocated as follows: [detail who pays the stamp tax, the notary's
fees, the survey costs and the title review].

SEVENTH (breach). If one of the parties does not perform on time,
the other may [demand performance, or terminate the contract, and the
consequences agreed for the seña].

EIGHTH (spouse). [If applicable: the seller's spouse gives
consent].

[OPTIONAL CLAUSE. If the lot is rural land and the buyer is a foreigner:
the deed is subject to obtaining the authorization certificate of the
National Rural Land Registry (Registro Nacional de Tierras Rurales). If it is
denied, [what happens to the seña].]

NINTH (addresses and jurisdiction). The parties set their addresses
at those stated above and submit to the courts of [city].

As proof of agreement, two copies of the same content and for a
single purpose are signed, at the place and date stated above.

[Signatures and printed names. Signature certification before a notary.]

What each clause does

Clause What it is for What to check
Subject matter Identifies the lot without doubt That the folio (matrícula), cadastral reference and plan match the documents
Title Records that the seller is able to sell That the title search and the inhibitions report are attached and recent
Price and payment Sets how much, in what currency and when Currency, form of payment and receipts for each payment
Possession Defines when the lot is handed over If it is handed over before the deed, put it in writing
Deed Sets a deadline and the notary That there is a final date
Costs Avoids arguments at the end By default (art. 1138) the seller bears the delivery costs, the title review, the survey where there is one and the taxes levied on the sale, unless the parties agree otherwise. The article does not allocate the notary's fees or the registry fees, and local custom varies, so put each in writing
Breach Says what happens if someone fails What happens to the earnest money (seña)
Spouse Covers the spouse's consent when it is needed Marital status of both parties

What makes the boleto protect you

For the buyer to have priority over attachments by third parties, the Civil and Commercial Code requires, among other conditions, that the boleto has a certain date and that at least 25% of the price has been paid before the attachment (art. 1170). That is why it is wise to certify the signatures, ask the notary how to fix the date, and keep the payment receipts.

If the lot is rural land and the buyer is a foreigner, the boleto must be made subject to the certificate of the National Rural Land Registry: see when it is needed (in Spanish). For the rules on foreign buyers, see can foreigners buy land in Argentina. For the costs the boleto allocates, see the cost of buying land in Argentina.

Sources

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Rule changes, prices and new guides for buying property and living in Argentina. No fixed schedule.