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Real estate lawyer in Brazil to buy and sell with confidence
Before signing, the property and the seller must be fully known. After signing, every flaw becomes a negotiation over losses.
Real estate transactions include buying, selling, swapping, assigning and leasing property, with contracts and registration. Hire a real estate lawyer before you pay any deposit or sign a promise or deed: that is when due diligence on the property and the seller uncovers debts, liens and registry defects that can still change price, timing or the decision to buy.
Clients who look for a real estate lawyer in Brazil are usually a few days away from signing. The offer has been accepted, the deposit is agreed and the deed has a date. That is exactly when legal review can still change the deal. After registration, all that is left is managing the problem.
Every property carries the history of its past owners. The registry record, known as the matrícula, tells part of that story. The rest shows up in the seller's certificates, in condominium and property tax debts and in lawsuits that have not yet reached the registry. Law 13,097/2015 (which concentrates in the property record the information a buyer can rely on), reinforced by Law 14,382/2022 (the reform of Brazil's public registry system), protects good-faith buyers against what is not recorded, with legal exceptions. This makes a correct reading of the record more important, but it does not remove the risks that arise from the parties and the contract.
We treat purchases, sales, swaps and assignments as calculated-risk operations. We look at the property, the parties and the payment structure together. The goal is simple: money only moves once the matching legal protection is in place.
When to call a lawyer
Deposit requested before seeing the registry record
The seller wants money to hold the property and the updated matrícula has not been shown. Backing out later may cost the entire deposit.
Seller is an estate, a company or a separating couple
Heirs without a completed probate, a partner without signing powers or a spouse who does not sign can block registration or leave the sale open to challenge.
Property different from what is registered
Unrecorded extensions, divergent floor area or commercial use without a permit affect financing, insurance and resale, and rarely appear in the listing.
Long payment terms, swaps or a foreign buyer
The more complex the payment structure, the more the deal depends on guarantees, conditions and exit clauses designed from the offer stage.
What happens when you put it off
- Paying for a property that cannot be registered in your name because of a defect in the chain of title or in the seller's documents.
- Taking on condominium fees and municipal property tax (IPTU) debts that follow the property and can be charged to the new owner.
- Seeing the purchase challenged by the seller's creditors on grounds of fraud against creditors or fraud on execution.
- Litigating for years over deadlines, penalties and termination that a well-drafted agreement would have settled.
How we work
Diagnostic meeting
We understand the purpose of the transaction, the timeline and the payment structure. From there, we define the scope of review the deal actually requires.
Due diligence on the property and the parties
We review the registry record and chain of title, property and seller certificates, condominium and tax debts, zoning status and occupancy.
Risk report with a recommendation
We separate what blocks the deal, what makes it more expensive and what is manageable. The recommendation is objective: proceed, renegotiate or walk away.
Structuring and drafting the contracts
Offer, promise of purchase and sale, swap or assignment with conditions, guarantees, payments tied to document milestones and exit clauses.
Deed, registration and post-closing
We follow the public deed, payment of the property transfer tax (ITBI) and registration at the Real Estate Registry Office until the record shows the buyer as owner.
What you receive
- Real estate due diligence report with risks ranked by severity
- List of certificates and documents, showing what was obtained and what is missing
- Reviewed and negotiated draft of the offer, promise or final contract
- Payment schedule tied to the deal's document conditions
- Follow-up until the registry record is updated in the buyer's name
Why the firm
Business reading, not just document review
The analysis answers the question that matters to the client: whether to proceed, at what price and with which guarantees.
Negotiation experience
Representing buyers in one deal and sellers in another gives us a feel for where talks will stall and what unlocks them.
Contracts written for the difficult day
We draft each clause thinking about how it would be read in a dispute, because that reading is what counts when things go off plan.
Illustrative scenario
Illustrative scenario, unrelated to any real client. An investor wants to buy an office unit in Pina, Recife, and has already agreed on the price. Due diligence shows that the seller inherited the property, but the share of one heir has not been formally partitioned. The certificates also reveal unpaid condominium fees. Instead of walking away, the buyer can make the main payment conditional on completing the partition and settling the debts, with part of the price held back until registration. The outcome depends on the seller and the registry offices, but the decision is now made with information, not after the deposit has been paid.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
When should I hire a real estate lawyer in Brazil?
The ideal time is before paying the deposit or signing the offer. At that stage, due diligence can still change the price, the guarantees or the decision to buy. After the deed, the work tends to be corrective, which is usually slower and more expensive.
What is real estate due diligence in Brazil?
It is the legal review of the property and the parties before a purchase. It covers the registry record and chain of title, seller certificates, condominium and tax debts, zoning status and occupancy. The result is a report showing what blocks the deal, what adds cost and what is manageable.
Which certificates should I request before buying property in Brazil?
At a minimum, an updated certificate of the registry record with liens and the property's tax clearance certificates. Law 14,382/2022 waived other certificates to establish the buyer's good faith, but the seller's personal certificates remain useful to identify debts and lawsuits that affect the deal. The exact list depends on who is selling and how the property was acquired.
Does a promise of purchase and sale protect the buyer?
Yes, when it is irrevocable and recorded in the property registry. Registration makes the promise enforceable against third parties and allows the buyer to request compulsory adjudication if the seller refuses to sign the deed. Since Law 14,382/2022, this request can also be filed directly with the Real Estate Registry Office.
Who pays overdue condominium fees and property tax?
As a rule, these debts follow the property and can be charged to the new owner. That is why payment must be proven before the deed or deducted from the price. The contract can allocate responsibility between the parties, but it does not stop the condominium or the municipality from collecting.
Can a foreigner buy urban property in Brazil?
Yes, foreigners can buy urban property in Brazil with a Brazilian taxpayer ID (CPF) and regular documentation. There are specific restrictions for rural land and certain areas, such as the border strip, that require prior analysis. It is also advisable to transfer funds through regular banking channels to document their origin.
Related matters
Other matters in this area
About to sign an offer, deposit or deed?
Send us the registry record and the deal details. In a first conversation, we point out what must be checked before any payment.