Martillero Público — Who Conducts the Auction

Argentina (AR) — civil law.

Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale, and no post-sale redemption window in Argentina. If you arrived carrying US assumptions, read falsos-amigos first.

Martillero público

The auction is conducted by a licensed private professional appointed by the court, not by any public officer.

Field	Value
Statute	[[nacion/ley-20266-martilleros
Matriculation	With the colegio de martilleros of the jurisdiction
Appointment	By the court, in the order for subasta
Pay	Comisión, within the applicable scale, fixed by the court

What the martillero does

• Publishes the `edictos` as the court ordered.
• Arranges the exhibición — the viewing. In practice this is often the only opportunity to see the property, and it is frequently brief, partial, or refused by an occupant.
• Conducts the auction act and receives the `seña`.
• Signs the acta de subasta and renders accounts to the court.

Why this matters to a bidder

The martillero is the information source of record before the sale. Descriptions in the edicto, statements at the exhibición, and answers about occupancy and arrears come from this person. Material misstatement or a defective edicto is a recognised route to annulment — which is a risk to the buyer’s title as much as a remedy for the debtor.

It also matters that the martillero is not a neutral public official with the state standing behind their statements. Verify independently: informe de dominio, anotaciones personales, and the consorcio’s `expensas` certificate. See diligencia-previa-a-la-subasta.

The comisión

Payable in the ordinary case by the buyer, on top of the hammer price. The percentage comes from the provincial scale and the court’s order and is needs_verification per jurisdiction — do not carry a number across provinces. See costos-de-la-subasta.

Under electronic auction

The martillero remains the appointed professional even where the act runs on a portal. Which traditional functions the platform absorbs — and whether the exhibición survives in practice — varies by jurisdiction and is needs_verification. See index.

Not a sheriff, and not a court employee

Force is applied by an oficial de justicia, who is a court employee: service of a mandamiento, and the lanzamiento that empties the property. Two different roles. See desalojo-y-lanzamiento.