Legal Guide to Buying Real Estate / Land in Brazil

November 8th, 2009 by Ruban Selvanayagam 2 Comments
Please click on the link below to access the first of many e-books we will be producing
at the Brazil Investment Guide (Real Estate):
Legal Guide to Buying Real Estate and Land in Brazil
This guide provides readers with an detailed insight into all the necessary legal aspects of buying
property and land in Brazil.  Below is a chapter synopsis:
The Brazilian Legal System – the traditions and the roots of the system and how they relate to real
estate investors in the country;
The Courts – the various levels of judicial authority (trial, justice, federal and superior) are explained in this section
Diário Oficial da União (Federal Official Gazette) – established since 1862, the Gazette publishes
information with regards to the activities of the legal system.  Your lawyer may refer to this so we
have highlighted its various uses;
Diários Oficiais Estaduais (Official Gazettes of the States) – each Brazilian State has its own
Official Gazette with the latest relevant legal information and updates (often with additional
information related to tourism, business, culture and other news).  Access links to all parts of Brazil
(and translations into English, where possible).
Finding and Working with the Right Legal Team – some pointers on the necessary due diligence steps you
should take when choosing a legal professional in Brazil.
Brazil Real Estate Lawyers / Notaries Obligations – a detailed exploration of the duties that both
your lawyer and the notary (a government representative who reviews all documentation with regards to
real estate transactions) will have to adhere to (including some links in Portuguese and English with
full explanation).
Appointing a Power of Attorney – this very short section discusses the role of lawyer acting as a
‘Power of Attorney’ on your behalf (particularly if you are buying from abroad);
Legal issues with regards to the ‘Reservation Contract’, ‘Offer to Buy’ or ‘Preliminary/Promissory
Purchase Contract’ – this section discusses the three ‘reservation’ documents commonly used to
confirm your interest in Brazilian property / land.
Certidão de Ônus Reais (Registry Certficate) – a detailed explanation of the fundamental
‘title’ search process.
Escritura Publica de Compra e Venda (Final Contract / Deed of Sale) – the final stage of buying
property / land in Brazil, this section explains the process in simple terms to ensure that the
ownership of the property is transferred securely.
Legal Checks if you are Buying ‘Off Plan – some pointers to take note of if you are aquiring property
that is yet to be developed.
Legal Information when Buying Real Estate Under a Foreign Company Name – this section discusses
the supplementary procedures that need to be adhered to if you are buying property and/or land using
a company name;
Obtaining Title Insurance (Título de Seguro) –  a section looking the pros and cons of obtaining
title insurance against the property or land you buy in Brazil.
Will Arrangements – a short section discussing ensuring that your future interest in the property is
protects.
Brazilian Legal Glossary – understand the Brazilian legal terms and phrases that you will come across
when buying property and land.

Please click on the link below to access the first of many e-books we will be producing at the Brazil Investment Guide (Real Estate):

Legal Guide to Buying Real Estate and Land in Brazil

This guide provides readers with an detailed insight into all the necessary legal aspects of buying property and land in Brazil (note you will have to be a member to access the guide).  Below is a brief synopsis of what is contained:

  • The Brazilian Legal System - the traditions and the roots of the system and how they relate to real estate investors in the country;
  • The Courts - the various levels of judicial authority (trial, justice, federal and superior) are explained in this section;
  • Diário Oficial da União (Federal Official Gazette) – established since 1862, the Gazette publishes information with regards to the activities of the legal system.  Your lawyer may refer to this so we have highlighted its various uses;
  • Diários Oficiais Estaduais (Official Gazettes of the States) – each Brazilian State has its own Official Gazette with the latest relevant legal information and updates (often with additional information related to tourism, business, culture and other news).  Access links to all parts of Brazil (and translations into English, where possible);
  • Finding and Working with the Right Legal Team – some pointers on the necessary due diligence steps you should take when choosing a legal professional in Brazil;
  • Brazil Real Estate Lawyers / Notaries Obligations – a detailed exploration of the duties that both your lawyer and the notary (a government representative who reviews all documentation with regards to real estate transactions) will have to adhere to (including some links in Portuguese and English with a full explanation);
  • Appointing a Power of Attorney - this very short section discusses the role of lawyer acting as a ‘Power of Attorney’ on your behalf (particularly if you are buying from abroad);
  • Legal issues with regards to the ‘Reservation Contract’, ‘Offer to Buy’ or ‘Preliminary/Promissory Purchase Contract’ – this section discusses the three ‘reservation’ documents commonly used to confirm your intention to buy Brazilian property / land.
  • Certidão de Ônus Reais (Registry Certficate) – a detailed explanation of the formal ‘title’ search process;
  • Escritura Publica de Compra e Venda (Final Contract / Deed of Sale) – the final stage of buying property / land in Brazil, this section explains the process in simple terms to ensure that the ownership of the property is transferred securely;
  • Legal Checks if you are Buying ‘Off Plan’ – some pointers to take note of if you are acquiring property that is yet to be developed.
  • Legal Information when Buying Real Estate Under a Foreign Company Name – this section discusses the supplementary procedures that need to be adhered to if you are buying property and/or land using a company name;
  • Obtaining Title Insurance (Título de Seguro) –  a section looking the pros and cons of obtaining title insurance against the property or piece land you buy in Brazil;
  • Will Arrangements – a short section discussing the issue of ensuring that your future interest in the property is protected;
  • Brazilian Legal Glossary – understand the Brazilian legal terms and phrases that you will come across when buying property and land.