Documents Needed to Buy Property in Brazil: Buyer’s Checklist

1. Verify the seller’s documents and certificates

If the seller is a company

First identify who is selling; then organize the checks relating to that seller. If the seller is a legal entity, that is, a company, the documents to discuss with your lawyer include:

• Copy of Corporate Taxpayer Registration (CNPJ)
• Certified copy of the Articles of Incorporation/Bylaws
• Documents registered under the Trade Board with regards to modifications in the Articles of Incorporation/Bylaws

Seller clearance certificates and searches

The checks may cover the following areas. Confirm the appropriate current certificate and issuing authority for each relevant check:

• Certificate of protested debts (Certidão de Protesto) — check for formally protested unpaid obligations associated with the seller
• Civil procedures
• Bankruptcy and composition with creditors
• Labor Justice
• Federal tax clearance certificate (RFB/PGFN), including social-security contributions — check the seller’s federal tax and registered federal debt status
• Court certificates covering municipal and state tax-enforcement proceedings (execuções fiscais) — check for judicial debt-collection proceedings involving the seller
• Federal Justice

For the current certificate names, coverage, and how to read the results, see Seller Certificates in Brazil: What Property Buyers Need to Check.

2. Verify the property documents

Group the property paperwork by what needs to be checked, so missing items are easier to spot.

Not always you will have such documents available, but a diligent buyer won’t open his wallet before a full due diligence has been properly done.

For certificate explanations and their limits, see Property Certificates in Brazil: What Buyers Need to Check.

3. Get your own documents in place

In order to acquire real estate property in Brazil, a foreign purchaser must also supply documents such as:

• Copies of ID Card and Taxpayer ID (CPF), marital status certificate and prenuptial agreement public deed, as applicable
• Federal tax clearance certificate (if the purchaser is a trader); and
• Clearance certificates, depending on the transaction and any financing requirements

Tell your lawyer where your documents were issued and whether you will sign personally or through a representative, so any additional preparation can be identified early.

4. Organize the purchase and sale agreement

This document must be made under the advice of a specialist lawyer like our firm. The points to address include:

Who is buying and selling

• Basic data of seller and purchaser (names; ID Card No., Individual or Corporate Taxpayer No., Voter’s Card no. and profession)

Price and payment

• Real estate value
• Payment method (cash, bank financing if any)
• In the case of financing: input value, installment terms and amounts, including interests

Penalties, included items and commission

• Penalties (in case of rescission, delays in real estate delivery or properties delivered in conditions different from those established)
• Proportion of furniture included in the real estate (if applicable); and
• Broker/real estate company commission

For the detailed explanation, see How to Draft a Purchase & Sale Agreement for Real Estate in Brazil.

5. Completion and registration documents

Keep the following with your completion and registration paperwork:

• Proof of payment of applicable property-registration fees.