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Real Estate Property Due Diligence in Brazil

Beautiful Luxury Home with Swimming Pool at Sunset in Brazil

US: 212-300-7174
Brazil:
+55-11-4349-1915
info@oliveiralawyers.com

Due Diligence on the Property

Before you commit to buying any land or real estate in Brazil, you should first thoroughly investigate the property. Some of the documents our real estate lawyers inspect during our due diligence process:

- Title of property with registration;
- Negative certificate of real liens (proving that the property is free of debt);
- IPTU negative certificate;
- Registration of the construction next to the Real Estate Registry;
- Registration of repossession shares and disposals (proving that the property was not sold informally);
- Copy of the ticket with the registration record of the TCA (Registration Fee and Evaluation);
- Letter of "Habite-se" (license of use);
- Entity certificate (for buildings built on foreground);
- Purchase option correctly filled, dated and signed.
(Checkings done when available. If not available, search with return with "not found")

Our real estate investigation may also include such inquiries depending on the value of the properties:

  • Professional Inspection – a professional inspection performed on the target property. The inspection is important for your safety, and it is also a good way to ensure that you will not have to pay for major repairs. Some sellers might hide major problems. An inspection could reveal such problems and let you know if there may be major renovations needed for the near future.
  • Property Violation Checks – Another thing that sellers might try hiding is any property violations. They might even be selling the real estate to you so that they do not get in trouble for some major violations. It might be difficult for foreigners to know all of the potential property violations existing in Brazil, so you should speak with a professional about this type of violation.
  • Review of Permits and Occupancy – There are certain permits in Brazil that a building needs to be considered safe for occupancy, and there are a certain number of occupants that are legally allowed in those buildings. Before you purchase any real estate, you should make sure that all permits are up to date and that occupancy standards are current.
  • Review of Surveys – You should also review all surveys associated with the real estate you are purchasing. Surveys outline the boundaries and corners of the property, so knowing these is obviously vital to your ownership.

US: 212-300-7174
Brazil:
+55-11-4349-1915
info@oliveiralawyers.com

Due diligence on the sellers

A full legal investigation must be conducted on the real estate seller before you buy the property, because you could become responsible for the sellers' debts when buying their property.

Performing real estate due diligence before buying property in Brazil is an important step in a lengthy process. Once you take possession of the property it is almost impossible to revert the transaction and recover your monies paid so being sure that there are no major issues with it should be a priority.

These are some of the steps our real estate lawyers complete on your behalf so you know the seller is free to sell you the property and the property is free of liens and other legal issues that could cause a sale reversal later on.

Seller's Checks:

This is done as a standard just for the current owner(s), but we can extend this checking to the previous ones if desired at an additional charge:
- Protest Office;
- Civil actions;
- Bankruptcy and concordat;
- Labor justice;
- Taxes CND / INSS (debits);
- Fiscal, municipal and state executives;
- Federal Court.

Seller's Debts - If you buy a property from a seller with outstanding debts, debtors of the seller may come after your property later on. Some times sellers will sell their properties to avoid court collection. In Brazil, it is the buyer's responsibility to make sure the seller doesn't have any outstanding debts with third parties.

Property Management Services

Our property management services in Brazil are available for mid-size and large properties. Some of the services available in our management unit in Brazil:

  • Screening of tenants
  • Lease contracting
  • Property maintenance
  • Financial management
  • Review of contracts by qualified real estate lawyers

To Schedule a Consultation

To schedule a consultation with one of our real estate lawyers to discuss about your real estate due diligence needs in Brazil, please call us at US: 212-300-7174, Brazil: +55-11-4349-1915, or email to info@oliveiralawyers.com