Buyer Beware
Yes - with the right guidance you can
successfully purchase property in Argentina and own a
wonderful asset that grows with value over time.
However, investors must be careful to avoid the cultural
pitfalls that make Argentina very much a "Buyer Beware"
market. The following points are based on our ten years of
experience but of course do not apply to all Argentines.
-
The
buyer must spend his time and money to perform due
diligence on a potential investment. Neither the seller
nor the realtor will feel it is their responsibility to
do so and they will not point out potential problems (in
many cases, they will try to hide them).
-
It
is not considered unethical in Argentina to take
advantage of someone else's ignorance in a business
transaction. In fact, a person
who does not take advantage of another person's
ignorance is considered a fool for missing an
opportunity.
-
The
seller of a product or service often puts his interests
before those of his customer. For example, supermarket
cashiers are instructed to tell customers they "owe
them" when they don't have correct change rather than
telling the customer that he/she can keep the difference
and owe the supermarket.
-
Win-lose negotiations are
common. For example, Marsans (the Spanish firm being
forced to sell its stake in Aerolineas Argentinas to the
Argentine government) placed the value of the airline at
about $500 million. The government demanded that Marsans
actually pay it $600 million for taking the troubled
asset "off its hands."
English
& Associates exists and has been successful precisely
because of these cultural factors that are pitfalls for
foreign investors.
Whether you hire us or
another firm, we strongly encourage you to seek independent
professional advice before purchasing real estate in
Argentina. Below is an all too common example of what
happens when one does not do so.
September 22, 2006
http://diariosanrafael.com.ar/3769
Translated from original Spanish
version
A Foreigner in
Deceived in a Property Purchase
An American that decided to live in
Mendoza was deceived by commissioned real estate agents that
offer local rural properties on the Internet. They sold him
property at almost double the market price and promised a crop
four times superior in size to the real one.
It all began when the man (who asked us to conceal his
identity to avoid additional problems), decided to choose a
calm area around the world to move to with his family, and
selected San Rafael among options such as Uruguay, Chile, and
other parts of Argentina. On a Web site he found that rural
properties were being offered, and eventually invested in two
properties he had seen online.
Following purchase last year, the difficulties began.
First, the American discovered through his own investigation
that he had been deceived. It turned out that one of his
properties had in fact been resold to him by one of his own
real estate agents, who had acquired and then quickly
“flipped” it for 40% more than the owner’s original sales
price. In this manner, the real estate agent was a secret
middleman who cost the buyer an extra 40%.
Months later, when harvesting his first crop, the American
realized that the Plum production would hardly reach 25% of
what he had been assured. Also, the neighbors told him that
the property had never even reached 50% of the production that
the real estate agents promised.
In a conversation with the San Rafael Newspaper, the American
commented that he knows another American who fell victim to
the same unscrupulous people in San Rafael and returned to the
United States after selling his property for half of what he
paid for it.
The interviewee hasn’t turned to the judicial system because
he and his family are alone in San Rafael. He decided to stay
on because San Rafael is the place he chose to live and loves,
and because he believes that many good and honest people exist
here. For these reasons, he wants something to be done so that
corrupt people can’t continue deceiving foreigners –
especially since con artists will drive away well intentioned
people who have an interest in residing in the area.
Something should be done
A few months ago, San Rafael Newspaper covered the booming
immigration of foreigners, mainly from the United States and
Europe. Around 300 families have come to live in the region,
and many have settled in rural areas. Others have invested but
don't reside here.
This makes it obvious that official government agencies such
as the municipality or the Chamber of Commerce should provide
advice to investors. Especially in the case of small and
medium investors such as the American, a lack of information
on legal issues and a tendency to trust in others’ promises
(because they imagine that commercial agreements here are the
same as in the United States) make foreign investors
vulnerable to unscrupulous people.
It is also import to regulate and implement more control over
real estate sales activities, since through the Internet
additional potential investors can be victims.
At the moment, the Association of Real Estate Professionals is
being formed, which will bring more order to the activity.
But, it is necessary to reinforce training with another type
of oversight since there are various individuals involved in
swindling besides the middlemen. The questions is what will
the reputable agents do to help reduce this type of activity
on the part of their peers.
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