bernardinho1961
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- Mar 29, 2011
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As I recall I was not physically present at the boleto. I think I faxed docs and the money exchanged hands without my presence. I may have misstated the amount of time elapsing between the acceptance of the contract and the boleto. I may have confused it for the amount of time between the boleto and the escritura. I needed to stretch out that time frame for tax considerations. In any event, I recall that the time frames were subject to negotiation between the parties.steveinbsas said:If you actually had a boleto, why wasn't the seller there? Who did you give the money to?
steveinbsas said:It's the escirbano's job to see that everything is done ethically, not the seller's agent (broker) or the buyer's agent. It really doesn't matter what anyone else says or does. As far as I'm concerned, using a buyers agent is like using an immigration lawyer. If you have to do either you probably aren't ready to live in Argentina.
Duh? It most certainly does matter TO ME what my agent says or does during the search and negotiating process! That's true even if Argentine law imposes no requirements for him to be ethical as you appear to confirm. But aside from the legalistics of it, are you seriously suggesting that my agent has no moral or professional duty to be ethical in his dealings with me? That it matters not what he says to me or anyone else even if he lies to get a sale? Astounding. Maybe it is you who have lived in Argentina too long as opposed to me not being ready to live in Argentina.
In the US, my agent has a fiduciary duty to volunteer, without a request from me, everything that he knows relevant to the transaction that might affect my decision to buy a property. That would include the existence of a special assessment by the homeowners assn, the identity of the true owner if he knows a front is being used, augmentation of his fee by virtue of me buying a property listed by his own brokerage firm, options concerning the amount of the downpayment (for example, a boleto for more than x % of the sale price deprives the seller of the right to back out by paying a penalty), tax obligations that would be triggered by my purchase, etc.
At the very least I expect my agent to provide accurate information in response to my direct querries about a myriad of matters, e.g., fees, relative property valuations, quality of neighborhoods, condition of property, how to obtain assurances regarding the condition of the property. Furthermore, I expect my agent to faithfully relay my offers to buy furniture, close without a boleto, etc. According to you he can lie to me and it matters not - it only proves I am not ready to live in Argentina.
The escribiano doesn't even come onto the scene until after a contract has been entered into. At that point the deal is a fait acompli and it is then largely irrelevant how the agents act except perhaps for outright assault and battery or armed robbery. The responsibility of the escribiano is to prepare the final deed and to confirm the legitimacy of the seller's title free and clear of undisclosed liens and encumbrances...and to apparently act as a guarantor if he makes a mistake about the validity of the title. His representations really don't affect the terms of the deal - they just paper what the parties have agreed to. A largely rote task.
Have I misunderstood you ?