Frequent questions

April 25, 2024 - Buenos Aires - Argentina

in study

Dolar 888.00 / Euro 983.00

Start > Real estate developments > Frequent questions

01 | WHAT IS A TRUST?

A trust is a contract, by virtue of which, one or more persons (settlor / s) transfer assets, amounts of money or rights, present or future of their property, to another person (fiduciary, who can be a natural or legal person). It manages or invests said assets for its own benefit or for the benefit of a third party, called the beneficiary, and transfers its property, upon completion of a term or condition, to the beneficiary or another person.


02 | TRUST CLASSES

There are different trust figures such as: administration, guarantees, financial, transfer of property, testament, etc.


     • Real estate. It is a contract entered into by public deed, by which one person (settlor), transfers the fiduciary ownership of certain assets to another (trustee), who will be obliged to exercise it for the benefit of whoever is designated as beneficiary, and to transmit it upon completion of a term or condition to the settlor, beneficiary.


03 | WHEN IS A TRUST BORN?

Once 100% of those interested in the units to be built are obtained, the contract is signed as trustors and beneficiaries.


04 | WHO MAKES IT UP?

Settlor / s: They are those who make up the trust - Investors.

Trustee: He / she is the one who receives the domain of the funds, to buy the property and register it for a specified period, respecting the conditions set forth in said contract and carry out the undertaking according to the guidelines set forth in the preliminary draft.

Some of its functions are: The administration, the contracting of the architecture project, the developer, the notary, constituting assemblies, etc.

Beneficiary: It is the one in whose favor the administration of the trust assets is exercised.


05 | WHAT ARE THE ADVANTAGES OF A TRUST?

     • It is a contractual relationship between the parties. There is no corporate relationship.

     • The risk of the investor trustor / s is significantly reduced in the face of potential changes and the degree of non-compliance with the projected.

     • The trust assets are absolutely separate from the assets of the trustee and the trustors, thus constituting an autonomous estate.

     • The trust assets are only liable for debts generated in the business itself and cannot be attacked by private creditors of the parties. Art 1.685 CCC.


06 | WHAT HAPPENS IF THE DEVELOPER BANKS?

If the developer goes bankrupt, the trustee will replace it with another. The patrimony constituted as collateral is unattachable. It is isolated and protected since the trust assets (everything that is part of the real estate project) constitute an estate separate from the personal assets of the settlor / s and the trustee.


07 | WHY CHOOSE A COST-DETERMINED TRUST?

The risk of a real estate development through a trust at cost is that costs will skyrocket and the Settlor / s - investor ends up paying for the unit, a price higher than its market value. This risk is mitigated when the undertaking is at a specific cost, since the developer agrees with its suppliers on closed cost conditions. Then transfer those beneficial conditions to the Settlor / s - investor. In the trust at determined cost, the Settlor / s - investor thus previously knows the cost of the unit that he / she acquires, with the exception that the fees are adjusted according to the C.A.C.


08 | WHO REGULATES THE OPERATION?

     • Book III, Title IV, Chapter 30, Law 26.994 - CCC.

     • Art 34 to 51, Law 24.441.

     • Obligatory insurance. Art 2071 CCC.

     • The contract of adhesion to the trust.


09 | WHAT AM I BUYING WHEN I JOIN THE TRUST?

By signing the adhesion contract, I am acquiring the right to the unit / s, in the quantities, conditions and technical specifications previously established.


10 | HOW TO REQUEST A VISIT?

You must contact BUEPROP at the authorized telephones or write an e-mail.

A real estate broker will assign a personalized 30-minute visit to a model unit of the work or another similar one of the developer, where (Architect, etc.) will allow you to understand and appreciate the property as it is evaluated by professionals. It is advisable to assist with the person who will help you make the purchase decision.


11 | WHAT ARE THE TECHNICAL SPECIFICATIONS?

The technical specifications are defined by the professionals hired and executed by the developer. They are the expressions of the dimensions of the spaces, materials and qualities to be used in real estate development.

The term "or similar" responds to the changes that may occur when what is specified is not on the market and must be replaced by another of equal or superior condition.

The developer can introduce modifications as long as the quantities, finishes, destination and characteristics of units sold are not altered by prior agreement with the trustor / s.


12 | CAN I SELL MY PARTICIPATION IN THE TRUST?

Yes. The fiduciary rights can be assigned to a third party who will occupy the place in the trust, assuming the rights and obligations. The transfer of rights must be accepted by the trustee who will evaluate the financial solvency and personal background of the new adherent. The assignment has a cost of 0.5% of the sale price which must be paid to the trustee as an administrative expense.


13 | WHERE ARE PAYMENTS MADE?

Payments are made only through bank transfer established in the adhesion contract to the trust account.


14 | WHAT HAPPENS IF I AM DELAY ON A PAYMENT?

The default will occur automatically upon maturity only, without the need for interpellation. The trustee must be contacted to regularize your URGENT situation.


15 | IF I DO NOT PAY IN TERM, WHEN DOES MY OBLIGATION PRESCRIBE?

Three (3) years from the expiration date of each principal or interest installment.


16 | WHEN DOES THE TRUST END?

     • Due to compliance with the deadline and its planned extensions.

     • Due to the fulfillment of the object if it occurs before the term 1697 CCC.

     • Due to supervening impossibility that prevents the fulfillment of the object of the contract.


In this case, the trustee will establish the guidelines for distributing the trust assets.


17 | WHEN DO I “PAY” THE FEES TO BUEPROP?

The broker authorized by BUEPROP charges fees for its commercial management to:


     • To the beneficiary 4%


After the act of ADHESION TO THE TRUST, it is considered that its work has been successful. At that time the fees are paid.



BUEPROP de Arq. Sergio Esquerdo CI. Nº: 7280 (CUCICBA) - Tel: +54 911 5760 0000 - French 2354 | C1125 AAF | CABA | Argentina