what's the deal with $USD in argentina?

And there it is, right there.

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

Then I don t understand why you defend the contracts in dollars so hard.

It is impossible to approve a simple exam at UBA University if you assert that contracts in dollars are legal.

There was a doubt about if they were enforzable or not, they are not.

citygirl said:
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.

Well, the point is that there were no difference until the new restrictions.

Now there is a big difference. Am I right? And many people posted about what should they do. Some asserted that it is legal to pay in dollars, it is. You can do whatever you want with your money. But it is not legal to request dollars and as the law says, they should be paid in pesos at the official rate.

citygirl said:
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...

I google about this topic and I found a lot of websites with wrong info. They were websites regarding to short renting appartments. However, the website that defends people who rents appartments had the right info.

http://www.orientacionlegalparatodos.com/?p=934

"Con esta ley también desaparecen los contratos celebrados en dólares que tanto afectaron a los inquilinos cuando Argentina salió de la paridad dólar-peso y cuya interpretación y aplicación produjo un enorme trabajo judicial"

"With this law also disappear dollar contracts because they affected tenants when Argentina left the dollar-peso parity and whose interpretation and application produced an enormous judicial work"

So, why do you defend what is defendless? .

citygirl said:
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.

You welcome, your personal charm drives crazy anyone. You know everything even you have no idea about the law: You quoted the abolished law and I showed you your mistake, even that you are bulletproof and you think that you are right

I don t do cases about renting contracts but I provided accurate legal advice that can be used by anyone. I am a UBA lawyer who was teaching law for 10 years, so I have "some" idea about what I am talking about. This is so obvious that any student of the UBA law school who approved contracts can give the same advice I gave.

There are some associations that defends tenants and they are the best choise to anyone with issues:

http://www.leydealquileres.com.ar/
http://www.inquilinos.org.ar/leyalquiler.asp
http://www.adecua.org.ar/legislacion.php?ver=vivienda_23091
http://www.orientacionlegalparatodos.com/?p=934
 
This is the chamber s precedent of 2009:

"Stiletto S.A v. Consorcio de propietarios Avenida Alvear 1862/64/68 "

"No cabe duda que admitir la pretensión del ejecutante de mantener la deuda de alquileres en dólares genera en la actualidad una distorsión con el valor locativo referencial del inmueble objeto del contrato base de la presente ejecución que resulta irrazonable y no puede ser admitida, puesto que lejos de retribuir el uso de la cosa, podría llevar a un enriquecimiento del locador que puede trascender los límites de la moral y las buenas costumbres, al superar en muchos casos el valor real del bien objeto de la prestación".

There are many other precedents from the 2001 corralito, even cases of Supreme Court but, as far as I don t do renting contract there is no reason for doing a wider research because my point is clear enough.

Regards
 
Unfortunately at this time the best thing to do is arrive with a ton of US cash on hand, all that you will need for your lodging during the entire length of your stay.

It is IMPOSSIBLE to buy dollars even if you are a US citizen and make dollars. The apartment owners may accept pesos but be warned many will only accept terrible rates above 5 pesos/dollar.

If you aren't staying long then you don't have to bring much. But if you are staying awhile I recommend biting your lip and carrying the cash on hand. I sure wish I brought more.
 
^ You shouldn't pay more than the official rate which at the moment is $ 4,250 pesos/dollar compra, $ 4,290 pesos/dollar venta, if they insist pack your tent and go somewhere else.
 
Browsing a few rentals and have seen:
"Payment is usually accepted in the quoted currency (US Dollar) unless the currency and the amount is specifically agreed in advance with the owner / advertiser."

Which implies, rent can be negotiated in pesos.
 
Ahhhh - just remembered the ignore feature & breathed a sigh of relief.

To the OP, short-term rental contracts are written in dollars. If you bring a lot with you, you actually will probably have the ability to negotiate a price break to your benefit since dollars are now almost impossible to come by and a landlord would probably be very happy to have a tenant with dollars in hand. You can also exchange at a later date and certainly other expats are always looking for dollars.

Good luck on the move.
 
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?
 
bradlyhale said:
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?

Laws are enacted and abolished by the Congress not by the CB.

The CB can enact regulations enforzable only to the banks or to regular people who deal with banks. For example, that you can cash a check only with DNI.

Here we are talking about renting contracts.

They are ruled by the ley de locaciones urbanas.

The ley de convertibilidad wasn t abolished 100 percent. The articles that remains are those that prohibiting indexation clauses. If a contract says that you should pay 10 grams of gold or 1000 dollars or 1 ton or soy or its price in pesos, those are indexation clauses that are illegals.

The article 10th is about that:


Art. 10.– (Texto según ley 25561, art. 4 Ver Texto ) Mantiénense derogadas, con efecto a partir del 1 de abril de 1991, todas las normas legales o reglamentarias que establecen o autorizan la indexación por precios, actualización monetaria, variación de costos o cualquier otra forma de repotenciación de las deudas, impuestos, precios o tarifas de los bienes, obras o servicios. Esta derogación se aplicará aun a los efectos de las relaciones y situaciones jurídicas existentes, no pudiendo aplicarse ni esgrimirse ninguna cláusula legal, reglamentaria, contractual o convencional -inclusive convenios colectivos de trabajo- de fecha anterior, como causa de ajuste en las sumas de pesos que corresponda pagar.
La indicada derogación no comprende a los estados contables, respecto de los cuales continuará siendo de aplicación lo preceptuado en el art. 62 Ver Texto in fine de la ley 19550 de Sociedades Comerciales (t.o. 1984) y sus modifs. (Párrafo incorporado por decreto 1269/2002, art. 2 Ver Texto , derogado por decreto 664/2003, art. 1 Ver Texto ).


Abolished art. 10

Art. 10.- (Texto originario) Deróganse, con efecto a partir del 1 del mes de abril de 1991, todas las normas legales o reglamentarias que establecen o autorizan la indexación por precios, actualización monetaria, variación de costos o cualquier otra forma de repotenciación de las deudas, impuestos, precios o tarifas de los bienes, obras o servicios. Esta derogación se aplicará aun a los efectos de las relaciones y situaciones jurídicas existentes, no pudiendo aplicarse ni esgrimirse ninguna cláusula legal, reglamentaria, contractual o convencional -inclusive convenios colectivos de trabajo- de fecha anterior como causa de ajuste en las sumas de australes que corresponda pagar, sino hasta el día 1 de abril de 1991, en que entra en vigencia la convertibilidad del austral.
 
citygirl said:
Ahhhh - just remembered the ignore feature & breathed a sigh of relief.

To the OP, short-term rental contracts are written in dollars. If you bring a lot with you, you actually will probably have the ability to negotiate a price break to your benefit since dollars are now almost impossible to come by and a landlord would probably be very happy to have a tenant with dollars in hand. You can also exchange at a later date and certainly other expats are always looking for dollars.

Good luck on the move.

To the OP. I would advise caution against paying "too much" (more than 3-4 months) up-front, even though many short-term 6-month furnished apartments ask for 6-months rent prepaid up-front. I stupidly prepaid 12 months to secure a better price, but I then lost "leverage" on the owner to make repairs. Yes, "shit happens" with any apartment. And yes, one can enlist an attorney to pressure the owner to do things, but it's costly, time-consuming, and a hassle. I'm no expert, but I wish I had kept some of the cash (for future rent) in-hand.
 
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