How to Review the Public Deed of Sale (Escritura) in Brazil

Buying a property in Brazil takes careful preparation. One of the most important documents in this procedure is the public deed of sale, known locally as the escritura. It records what the parties declare and agree to at signing. Have it reviewed by a licensed Brazilian attorney before you sign, even if the notary says it is standard wording.

Reviewed by Luciano Oliveira, Esq., LL.M. · October 2026

This guide is general information, not legal advice. Before acting on it, retain your own lawyer licensed in Brazil to assess your circumstances and advise you.

What the escritura does—and what it does not do

At first glance, an escritura outlines the basic details of the property transaction: information about the buyers, sellers, transaction amounts, and the property description. A closer look may reveal mistakes or missing details that could affect your purchase. Errors in names, incorrect property boundaries, or vague descriptions can lead to disputes and legal challenges in the future.

Signing and ownership registration are separate steps. The Tabelionato de Notas prepares the deed. The Registro de Imóveis registers the purchase against the matrícula, the property’s official record. Signing the deed alone does not make you the registered owner.

Legal basis: Civil Code, article 1,245.

Why a review matters before signing

Seller statements are not a guarantee of safety

The escritura also includes statements that sellers make about the property. Imagine the distress of purchasing a home, only to have someone appear months or years later, claiming they have a prior or stronger claim to the property. A seller’s promise does not replace independent checks. Your lawyer should compare those statements with the property record and the other evidence.

Certificates may be missing or raise concerns

The certidões negativas are certificates reporting that the searches they cover found no listed debts or legal issues. But here’s the catch—it’s not uncommon for some of these certificates to be missing, or for them to reveal problems. Occasionally, certain challenges or issues might be disclaimed in the escritura. An attorney should flag these clauses and explain what risks you would be accepting. A certificate does not clear every possible problem.

Fraud checks go beyond reading the deed

Brazil, like many other jurisdictions, is not immune to real estate fraud. Unscrupulous sellers, forged documents, or properties sold without the legitimate owner’s knowledge are all real challenges. Reviewing the escritura can help, but your lawyer also needs to check identity, authority to sign, and supporting records. A convincing-looking deed is not proof that the transaction is genuine.

Fixing problems later can be difficult

Property disputes can take years to resolve. If a buyer is deceived in a real estate transaction, seeking legal help can be expensive and mentally and emotionally draining. Check before you commit, rather than relying on a lawsuit to recover your money later.

Arrange the review early

Hiring an attorney for an early review of the escritura can help identify problems while there is still time to address them. Ask what the review includes, which documents are needed, and the fee. A review of the deed alone is different from a full investigation of the property and seller.

Seven checks to discuss with your lawyer

A Brazilian real estate lawyer will usually have a method for reviewing the escritura. Some of the items customarily addressed in such review are:

1. Names, identification, and authority to sign

A lawyer will verify the names, CPF (tax identification number), including for foreign buyers, and the accepted identity documents, ensuring that both the buyer’s and seller’s details are correctly listed. This includes ensuring that anyone signing on behalf of a company or an estate has authority to do so.

Examples of state rules: São Paulo, Chapter XVI, item 42, and Rio de Janeiro, article 352, address identification and authority to sign.

2. Property description and boundaries

The document should have a clear and accurate description of the property, including its exact location, size, boundaries, and any relevant features. Any vagueness or discrepancy can lead to future disputes or challenges.

3. What the seller promises

These are the statements and promises made by the seller regarding the property’s status. The attorney should check what the seller says about the right to sell, debts, occupants, and claims by other people. The wording must match the facts; a promise alone does not prove that a problem is absent.

4. Missing certificates and risk clauses

The attorney should review the accompanying certidões negativas and other records for debts, lawsuits, or restrictions tied to the property or the seller. Ask which searches were done, which were not, and what the results mean. Permission to sign is not proof that it is safe to buy.

State examples: São Paulo, Chapter XVI, item 60(e)–(f), addresses express certificate waivers and responsibility for existing municipal tax debts. Rio de Janeiro, article 356 §§1–2, requires the deed to record the choice to present or dispense with the optional certificates covered there, and places assessment of their findings on the parties. These are state examples, not a single nationwide checklist. Read them with federal certificate rules.

5. Payment terms and acknowledgments

The escritura should detail the payment structure, including the amount, method of payment, and any conditions tied to the transaction, such as penalties for late payment or what happens if an agreed condition is not met.

Do not sign an inaccurate statement that the price has already been paid. Compare the deed with the purchase agreement, deposits already made, and the actual plan for paying the balance. Ask what “quitação,” an acknowledgment that payment obligations have been settled, means in your deed.

State examples: São Paulo, item 45(m)–(n), covers payment method and acknowledgment of amounts received; Rio de Janeiro, article 352 VIII(d), covers payment method, form, and dates, including payments still to be made.

6. The price recorded in the deed

A lawyer will check whether the property’s stated value in the deed matches the actual agreed price and payment records. A price below market value does not, by itself, prove fraud. Do not agree to record a false purchase price. Different tax valuation rules may also apply; ask your lawyer to explain them.

7. What must happen before and after signing

These are specific conditions that need to be met either before the transaction is finalized or after it takes place. Your lawyer should explain who must do what, by when, and what happens if a promise is not kept. Check key handover, occupants leaving, remaining payments, and responsibility for submitting the deed for registration.

Compare the final version before anyone signs

Request the draft deed and supporting documents early. Have your lawyer resolve disputed wording before the appointment. Review the version you will actually sign. Clauses can be added or changed at the last minute, even when everyone is at the table ready to sign.

• Compare names, price, payment statements, and property details with the reviewed draft.
• Check for new wording about waived certificates, documents accepted as presented, or risks placed on you.
• Confirm that the deed does not say you received documents, money, or keys when you did not.
• Pause for your lawyer’s advice if anything important has changed. Being ready to sign is not a reason to accept an unexplained risk.

The notary has legal duties, but does not replace a lawyer retained to advise you on your interests. For the arrangements around signing, see preparing for closing.

Legal basis: Civil Code, article 215 §1 VI, and the state rules require the deed to record that it was read. Comparing drafts is a practical safeguard, not a claim that the law guarantees you an unchanged advance version. The notary’s duties also appear in Law 8,935/1994, articles 6–7.

Further help

Prefer a lawyer to review the escritura for you? That is part of property purchase support in Brazil.

Return to the property-buying guide.

Sources used for this guide

Checked October 16, 2026. State rules below are examples from São Paulo and Rio de Janeiro. Your lawyer should confirm the current rules for the office handling your transaction. References support the legal points identified; observations about last-minute changes and recommendations for independent review are practical guidance.