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Even when you verify that the seller is the legitimate owner and there is no debt recorded in the property registration, there is still a number of concerns to be addressed. The main concerns on the seller's side are unpaid taxes and litigation (or potential litigation) against the seller. Some of the certificates obtained at this stage will assess if taxes are paid to date. Other certificates will help you assess if the seller owes money to third parties. If seller owes money to other parties, and he still sells the property to you, the seller’s creditors can potentially seize your property through a lawsuit in the future.

Timeline:

Certificates can take up to 5 days to be obtained. Realtors usually provide such certificates as part of their services. Notes: (i) some of these certificates will be mandatory for the registration to be completed at the closing at the registration office. In the past these certificates used to be optional. Today, the registration office will require the certificates to be presented in order to reduce the risks for the buyer. Some of the certificates (e.g.: negative of labor debts) are not required by the registration office, but are still very important to reduce your risks. (ii) some sellers and realtors will want to provide you with the certificates only after the Purchase and Sale Agreement has been signed and a downpayment provided. The buyer can still obtain the certificates since these documents don’t require the seller’s consent to be issued by the respective authorities.

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To learn all about purchasing real estate in Brazil, check our How to Buy Properties in Brazil guide.

Learn about the advantages of buying real estate in Brazil in our Why Buying Real Estate in Brazil guide. Find opportunities and decide where to buy using our Know Where to Buy Real Estate in Brazil guide.

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info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
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