Notary Services in Buenos Aires: Understanding the Escribano System
Argentina’s notary system operates very differently from what expats from North America or Europe might expect.
In Buenos Aires, escribanos (notaries public) hold a unique position in the legal system with far greater authority and responsibilities than notaries in most other countries.
They’re licensed legal professionals who play an essential role in property transactions, corporate matters, and various legal procedures.
What Expats Need to Know
Unlike notaries in the United States, who primarily witness signatures, Argentine escribanos are highly trained legal professionals similar to solicitors or attorneys.
They undergo years of specialized university education and must pass rigorous state examinations. Their official acts carry legal weight equivalent to court documents, and they maintain detailed public registries of all transactions they notarize.
Escribanos are indispensable for property purchases, sales, and rentals in Buenos Aires.
They draft and execute escrituras (deeds), verify property titles, ensure taxes are paid, and register transactions with government authorities.
You cannot buy or sell real estate in Argentina without an escribano’s involvement. They also handle business formations, powers of attorney, prenuptial agreements, wills, and estate matters.
How the System Works
When you need an escribano, you can choose one independently or accept recommendations from real estate agents or lawyers.
For property transactions, both buyer and seller often agree on a single escribano, though each party has the right to retain their own. The escribano conducts thorough due diligence on the property, verifies ownership, checks for liens or debts, and ensures all documentation is in order before executing the transaction.
Appointments are typically scheduled in advance at the escribano’s office. Bring your passport, DNI (if you have Argentine residency), and any relevant documentation.
Many escribanos in Buenos Aires have experience working with expats, and some speak English, though fluency varies. Having a Spanish-speaking friend or translator present is advisable for complex matters.
Cost and Practical Considerations
Escribano fees are regulated by the Colegio de Escribanos (Notary College) and calculated as a percentage of transaction values for property deals, or as fixed fees for other services like powers of attorney. While generally more expensive than notary services in North America, fees are reasonable compared to European standards and reflect the escribano’s extensive legal responsibilities and liability.
Essential Spanish terms: escritura (deed), escritura traslativa de dominio (property transfer deed), poder (power of attorney), certificado de dominio (property title certificate), inhibición (lien check), and boleto de compraventa (preliminary purchase agreement).