what's the deal with $USD in argentina?

[va2ba]

Maximum you can carry is 10.000 USD per person.
Don t sign any contract in dollars. They are forbidden by the law.
The point is that the official rate is 4.25 but you can sell them between 4.5 and 5 at the black market.
Regards

By law, short term rental contacts HAVE to be in dollars...but a lot of people ignore this. But you should defiantly make sure that it is ok to pay in pesos and have that be in the contract before signing anything.

 

[steveinbsas]

By law, short term rental contacts HAVE to be in dollars...but a lot of people ignore this.

I never heard this before. This is a very important point, especially if it's factual.

But you should defiantly make sure that it is ok to pay in pesos and have that be in the contract before signing anything.

If the landlord refuses to accept pesos should you definitely be defiant?

 

[citygirl]

By law, short term rental contacts HAVE to be in dollars...but a lot of people ignore this. But you should defiantly make sure that it is ok to pay in pesos and have that be in the contract before signing anything.

Va2Ba - how dare you argue with a professional or think you are his equal?!

 

[sesamosinsal]

Well, the law you are quoting is the "ley de convertivilidad" that is abolished.

Correct me if I'm wrong, but weren't some -- not all -- of the articles from the Convertibility Law "abolished?" This is a copy of the updated law from the Banco Central in 2007. Has it changed since?

According to the 2007 version of the law (unless it was taken off the books entirely afterward), Article 10 (essential for Resolution 144/93 to remain in effect ) remains the same as it was when the Convertibility Law was passed in 1991.

Thus, if Article 10 is still on the books and Resolution 144/93 remains in effect (I see no resolution that "repeals" it), then demanding dollars for rent in contracts agreed upon by both parties is perfectly legal.

Am I wrong?

 

[2GuysInPM]

oh my, such flagrant arrogance

 

[TheBlackHand]

haha

Bajo went in on all of you.

I know, and still I can not understand how You can be so arrogant to pretend discuss as equals with a professional.

 

[Bajo_cero2]

You are wrong. It most definitely is legal as long as both parties agree to it.

Here is a missunderstanding of the juridic system.

It is illegal and the sanction that the law established is the nullity. It means that this clause is considered not written.

The point is the following, nobody can tell you that you must pay in dollars because the law said so, this is a lie.

If you agree to pay in dollars and you want to pay in dollars, that s your busisness, but you don t have to do it.

Regards

 

[Bajo_cero2]

By law, short term rental contacts HAVE to be in dollars...but a lot of people ignore this. But you should defiantly make sure that it is ok to pay in pesos and have that be in the contract before signing anything.

The law, in fact, says that the payment should be in pesos. I already posted it and explained that the ley de convertibilidad es abolished. Regards

 

[Bajo_cero2]

You calling someone arrogant? The (I'm sure unintended) humor Since lawyers, real estate agents and brokers and firms continue to write and sign contracts in dollars, perhaps you might want to consider there are other legal points of view other than your own - other opinions held by.. ah, yes, your equals

Arrogant? did I wrote arrogant? sorry, my mistake, I ment ignorant .

The law is not maths. Broker`s lawyers work is to make you believe that you must pay in dollars even the law says you don`t have to.

They are cheating you and that`s why it is smarter to have your own lawyer. If you trust the lawyer of the enemy then you are not so smart.

I explained properly that to pay or not in dollars is up to you. The law forbidds it.

Well - since they're specialists in real estate law and AFAIK, you are not, given your postings as an imimigration expert, I am sure they're not too worried about your conclusions.

Well, go and pay your rent in dollars smart girl.

Well, crystal clear in your eyes obviously.

I could cite (ah... love the google) from a legal website in Argentina lawyers who are upholding the right to write a conract in dollars:

Lo del contrato en dólares, no hay problema, es una obligación de dar sumas de dinero, la ley 23928 no fue derogada en esa parte. (arts. 617 y 619 del CC)

1.- Artículo 617 del Código Civil según ley 23.928: Si por el acto por el que se ha constituido la obligación, se hubiere estipulado dar moneda que no sea de curso legal en la República, la obligación debe considerarse como de dar sumas de dinero.

2.- Artículo 619 del Código Civil según ley 23.928: Si la obligación del deudor fuese de entregar una suma de determinada especie o calidad de moneda, cumple la obligación dando la especie designada, el día de su vencimiento.

2º.- Art. 7º de la ley 23.928: El deudor de una obligación de dar una suma determinada de pesos cumple su obligación dando el día de su vencimiento la cantidad nominalmente expresada. En ningún caso se admitirá actualización monetaria, indexación por precios, variación de costos o repotenciación de deudas, cualquiera fuere su causa, haya o no mora del deudor, con las salvedades previstas en la presente ley. Quedan derogadas las disposiciones legales y reglamentarias y serán inaplicables las disposiciones contractuales o convencionales que contravinieren lo aquí dispuesto.

The website you quote is a booby trap.

There are rules to interpret law, you cannot choose any law you like. Special law abolishes the general law. In this case the Ley de locaciones urbanas is a special law that abolishes the general law (Civil Code).

Like I said - you are 100% certain of your viewpoint. Other lawyers and brokers I know who specialize in short-term furnished apts have reviewed the laws and see it differently. And the fact remains, it is in fact default that all short-term apts have their rents set in USD - a fact you probably aren't aware of since I doubt you have rented a short-term, furnished apt. Now that may certainly change with the new restrictions but until now, it has been SOP to have rents set in USD

Do you work about short term rentals?

 

[citygirl]

Some people on this website may be looking for clients for their professional services but I'm not one of them.

I neither pay rent nor rent out apts. Just pointing out that cough, despite what some postings have stated, the fact is that every short-term contract I've ever seen or known about has been written in dollars. And many lawyers who write these contracts seem to feel that they're legal, including the lawyers who drafted up and reviewed the contracts for the apts I have rented here in the past. In every case where I paid rent here in Arg, the owner was more than willing to accept pesos at that day's exchange rate but the contract price was set in dollars.

ETA - oh & the info I quoted about the laws - that was from a legal message board and was part of an exchange between two lawyers. But I'm sure they were just trying to booby trap unwitting readers...

And thanks for the advice - I have my own lawyer and my own accountant. And extra thanks for being rude - charming asset in a poster advertising their professional services.