Diligencia Previa a la Subasta — Pre-Bid Checklist

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.

Pre-bid diligence

In order. Each step can kill the bid, so do them in sequence and stop when one does.

1. The edicto

Read it in full. It is the conditions of sale, and under the plenary the conditions are what determine which debts you are surprised by later. Note: the parcel description, the `base`, the `seña` and payment deadlines, the court and file, and any statement about occupancy or debts.

2. Informe de dominio

From the provincial [[nacion/ley-17801-registro-inmobiliario|Registro de la Propiedad Inmueble]], as close to the auction date as possible. Shows ownership, hipotecas, embargos and other registered charges — and, by their registration dates, the priority order in which the proceeds will be distributed.

Note: an informe reserves nothing. See bloqueo-registral.

3. Anotaciones personales

A separate search, against the ejecutado by name, for an `inhibición general de bienes`. The parcel search will not show it. Skipping this is a classic failure.

4. Expensas certificate

Do not skip this on a propiedad horizontal unit.

Unpaid expensas follow the unit to you — CCyC art. 2050 and the plenary’s express refusal to extend tax relief to them. Get a certified arrears figure from the consorcio or administrador and treat it as part of the price. See expensas-y-el-adquirente-en-subasta.

5. Cadastral data

From the provincial catastro: estado parcelario, surface, boundaries, valuación fiscal. Compare against the edicto. A discrepancy is both a valuation problem and a annulment risk.

6. Fiscal position

Impuesto inmobiliario and municipal tasas arrears. Pre-possession amounts are relieved where the price does not cover them, but you want the number to understand the distribution — and municipal tasas are a separate creditor from the province.

7. Occupancy

Attend the exhibición. Ask the `martillero` in writing. Read the file for prior mandamientos and constatación reports. See ocupantes — this is usually the largest single risk.

8. The file itself

Was the ejecutado properly served? Are the edictos as ordered? Is there a pending `concurso` that would draw the file away? Defects here are annulment risk that you inherit.

9. Estudio de títulos

Have an escribano study the chain. See estudio-de-titulos.

10. Build the bid

Value, minus the full cost stack — comisión, charges, registration, expensas arrears, occupancy allowance, condition allowance, cost of money over months. Set a maximum. Bid to it and not past it.