FAQ – Buying Real Estate in Brazil with Oliveira Lawyers

FAQ – Buying Real Estate in Brazil with Oliveira Lawyers

 

1. Why do I need a specialized Brazil real estate lawyer if I already have a realtor?

Realtors find and negotiate properties; they are paid by the seller and their mission is to close the deal. A Brazil real estate lawyer represents you, does deep legal due diligence on the property and sellers, structures the contract for a foreign buyer, coordinates international transfers, and follows through until the title is in your name. In a country with no title insurance and broadly adopted escrow, the lawyer is the one trying to keep you from losing a life‑changing amount of money.

2. What exactly does your “full advisory” property purchase service cover?

In broad strokes, our full advisory for a real estate property acquisition covers the entire life cycle: strategy, initial checks, contract review/negotiation, deep due diligence, guidance on sending earnest money and closing funds, scheduling and supervising the deed, registration of the property in your name, and – when desired – the real estate investment visa process.

We don’t publish a long “menu” of micro‑tasks because we are not selling a commodity; you hire us to own the problem and get you safely from “I like this property” to “I legally own it and can use it for my Brazil plans.”

3. Can you guarantee that I won’t lose money or have problems with my property?

No honest law firm can guarantee that. Brazil has no title insurance or escrow; courts and government offices can be slow; and no one controls every third party involved. What we can do is drastically reduce your risk by investigating the property and sellers, structuring the contract properly, coordinating the money flow, and saying “walk away” when the deal is too dangerous. Our engagement letter also clearly states that we do not guarantee outcomes or specific timelines.

4. How do you actually reduce the risk of buying a bad property?

We run deep due diligence: we check the chain of title, lawsuits, liens, HOA and tax debts, co‑ownership quirks, inheritance or divorce issues, auction history, and more. We also vet the sellers themselves. If we find issues, we explain them in plain English and recommend either protections or walking away. In a system without title insurance, this kind of due diligence is your closest equivalent to “insurance.”

5. Why is buying real estate in Brazil particularly challenging for foreigners?

Because many things work very differently from most buyers’ home countries:

  • No title insurance
  • No broadly used escrow
  • Highly fragmented registry system
  • Complex foreign‑buyer requirements (CPF, apostilles, sworn translations, PoA rules)
  • Cultural tendency to push short deadlines and “simple” contracts

Our “7 Common Fatal Mistakes” report exists because smart people keep underestimating these differences and paying dearly for it.

6. How is your role different from title insurance or an escrow company?

Brazil doesn’t really have either. We don’t replace an insurer or act as a bank, but we do fill most of the safety gap by:

  • Investigating risks that a notary will not block
  • Designing the contract to protect a foreign buyer
  • Coordinating the release of funds as close as possible to closing
  • Refusing fundamentally unsafe properties or sellers

Think of us as your risk‑management hub in a system that otherwise expects you to “take a leap of faith.”

7. At what stage of my property search should I engage your firm?

Ideally before you sign anything or send any money. The best timing is when:

  • You’re serious about buying in Brazil; and
  • You’re starting to look at properties or have some shortlisted.

We can still help if you come later, but the earlier we join, the more options we have to protect you and to align the purchase with your long‑term plan to be living your dreams in Brazil.

8. Can you help if I already signed a contract or sent money to the seller?

Yes, but our role changes from “preventing” to damage control plus rescue. We’ll review what you signed, map your exposure, and see how much can still be fixed. Sometimes we can renegotiate or restructure the deal; other times, the best move is to minimize losses and not throw good money after bad. The sooner you involve us, the better.

9. Do you also handle the Brazil Real Estate Investment Visa (“Golden Visa”) as part of the purchase?

Yes. For qualifying purchases, we handle the entire real estate investor visa application, from structuring the purchase to meet visa rules to filing the case, answering government questions, and guiding you through Federal Police registration and obtaining your RNM residency card.

That’s how one property can become your gateway to living in Brazil for longer stretches of time.

10. What does a typical client journey with your firm look like from start to finish?

Very roughly:

  1. Strategy consultation and fit check
  2. Property selection and initial document checks
  3. Contract negotiation and initial due diligence (about 10–15 business days)
  4. Extended due diligence, document legalization, FX setup, and closing prep (around 30–60 days)
  5. Deed signing (Escritura) and possession
  6. Registration of the deed in your name (another 30–60 days)
  7. If applicable, real estate investment visa application and Federal Police registration

Timelines depend heavily on third parties, but this is the general rhythm.

11. Are we likely to be a good fit for each other?

We’re usually a good match if:

  • You’re buying with money you cannot afford to casually lose
  • You value risk reduction, strategy, and peace of mind over “cheapest possible lawyer”
  • You’re open to a structured, step‑by‑step process

If that sounds like you, we’ll probably work well together.

12. What types of clients are not a good fit for your firm?

We’re usually not a good fit if:

  • Your main question is “Can you match this cheaper quote?”
  • You’re chasing ultra‑cheap auction or “too good to be true” deals
  • You want us to “bend” legal or tax rules
  • You are not willing to follow a timeline or provide documents on time
  • You expect guarantees or want someone else to carry all the risk

We have limited capacity and focus that on clients who understand the stakes and want proper, expert support.

13. Why do you charge a percentage of the property price (around 5%) instead of a flat fee?

Our work scales with the value and complexity of the asset we’re protecting, not with how long each activity takes. A percentage‑based fee:

  • Keeps our incentives aligned with protecting a sizable investment
  • Reflects that a R$2M–R$4M purchase takes far more coordination than a small matter
  • Allows us to include a very broad scope instead of nickel‑and‑diming you for every email

For most clients, the percentage feels like a tiny “insurance‑like” cost against losing a major portion of their net worth.

14. Your fee seems high compared with other providers. Why should I pay it?

Because cheap help in Brazil can be extremely expensive later. Our fee reflects:

  • A full‑stack service (real estate + FX + visa + cross‑border issues)
  • Deep due diligence that goes beyond what the market does
  • Over 200 points of contact we handle so you don’t have to
  • The fact that many of our clients come to us after a disaster with another provider

When you compare the fee to the amount you’re investing – and the cost of lawsuits, delays, or visa denial – it usually becomes clear it’s a leveraged decision, not a “cost.”

15. Do you discount or match another professional’s lower fee quote?

No. Asking us to match a cheaper fee is usually a strong signal that we’re not a good fit. Price matching is for commodities, and our work is intentionally not a commodity. We compete on protection, clarity, and outcomes, not on being the cheapest option.

16. If the transaction ends up being simple or some steps are not needed, is your fee reduced?

No. Our percentage‑based fee covers the full suite of professional services from start to finish, whether or not every possible step is required in your specific case. We don’t run a “pay only for the items you used” model; you are paying for us to stand guard over the entire process.

17. What happens to your fee if the first property fails due diligence and I switch to another one?

If the first property doesn’t pass due diligence for legal or risk reasons, your initial retainer can be applied to a replacement property. Our standard agreement covers up to two replacement properties without additional professional fees; only from the third onward would we revisit the fee.

This policy alone has saved clients a lot of frustration when the first choice turned out to be unsafe.

Generally no. Our agreement explicitly excludes properties:

  • Bought at auction
  • Involved in serious disputes
  • Sold by sellers under criminal investigation for corruption, fraud, or similar
  • Priced far below market in ways that usually reflect heavy legal risk

We also don’t work with sellers who insist on misreporting the sale price.

19. Do you only get paid if the deal closes successfully?

No. We’re not contingency‑based. We are paid for the work and expertise we put into protecting you—strategy, due diligence, negotiation, coordination—even if a risky property is rejected or a seller backs out. In many cases, a “failed” deal is actually a big win for you because we helped you avoid a bad investment or even losing your shirt.

20. How many clients do you work with at once, and what if you’re at capacity?

We intentionally keep our active client list limited so we can give each case the attention it deserves. That means there are times when we are fully booked and will either schedule you for a later slot or politely decline. This is another reason we focus on clients where we can add very high value.

21. Does reading this FAQ, downloading your eBook, or watching your videos make me your client?

No. Our public content is general information, not legal advice for your specific situation. You only become our client when:

  1. We confirm we can take your case,
  2. You sign our engagement agreement, and
  3. We receive the required initial payment.

Until then, you must treat everything as general education information, not as individualized legal guidance.

22. Are you representing only me as buyer, or also the seller / realtor / developer?

We represent you, the buyer. We do not represent the seller, developer, or realtor. Realtors may be in the WhatsApp group and involved in communication, but they are not our client, and we have no duty to protect their interests.

23. Do you provide tax, financial‑planning, or investment‑return advice?

We can explain Brazilian rules that affect your transaction (e.g., some basic tax concepts and visa thresholds), but we do not act as your tax advisor, financial planner, or portfolio manager. Our contract makes clear that we’re not providing tax advice and that you should consult your own tax professionals.

We do have licenses in the US. This may be helpful for us to explain Brazil real estate transactions in a way that makes sense to you. However, due to our need to reduce liability and make our services available, we specifically provision in our service agreements that we act exclusively as Brazilian attorneys under Brazil jurisdiction in accordance with Brazilian legal ethics. This said, we can coordinate with your home‑country attorney or advisor if needed, but we don’t replace them.

25. Can you promise that my visa will be approved or that my timing will be exactly as estimated?

No. We can design your case to fit the rules, send complete and well‑structured applications, and respond to government questions—but we don’t control consulates, immigration officers, or processing times. Our agreement explicitly states that we do not guarantee outcomes or exact timelines.

26. Are you responsible for delays caused by banks, cartórios, registries, or government agencies?

We are responsible for acting diligently and promptly on what is under our control. But we are not responsible for delays caused by third parties like banks, notaries, registries, or government offices. We will push, follow up, and keep you informed – but we cannot force them to move faster than they do.

27. Will you manage the property after the purchase (rentals, bills, condo issues, etc.)?

No. Our role is to help you acquire the property and, if desired, the investment visa. We don’t provide ongoing property management (rent collection, utility payments, tenant issues, etc.). We can introduce you to property managers or concierge services in some cities, but they are separate providers.

28. Do you handle disputes and lawsuits against sellers, developers, or neighbors?

Disputes and litigation are not included in our property‑acquisition advisory. If a dispute arises, we can evaluate whether our litigation team can take the case under a separate engagement, or we can refer you to another local litigator.

29. What is your liability if something goes wrong despite your work?

Our engagement agreement includes a limitation‑of‑liability clause: to the extent permitted by law, our liability is capped at the total amount you paid us under the agreement, except in cases of willful misconduct or gross negligence which are dealt with in accordance with the Brazilian law. We don’t accept open‑ended liability for events we can’t fully control (banks, government, sellers, etc.).

30. Will you give me a detailed checklist of every single micro‑task you perform?

No. Publishing a granular checklist would turn our work into a commodity and invite unhelpful comparisons (“so‑and‑so will do the same list for less”). Instead, we explain the overall steps and outcomes you can expect and then take responsibility for doing what is reasonably necessary to protect you within that scope.

31. How long does the whole process usually take, from choosing a property to deed in my name?

Once you’ve selected a property, initial due diligence and contract preparation usually take 10–15 business days. From contract signing to deed signing and payment, expect roughly 30–60 days, depending on documents, FX, and third parties. After the deed is signed, the registry may take another 30 days to issue the new title in your name.

Investor visa steps come after the title is issued.

32. Can everything be done remotely, or will I need to travel to Brazil?

It’s increasingly possible to do most or all of the process remotely using powers of attorney and tools like e‑Notariado in some states. That said, many clients like to visit at least once to see properties and attend closing. We’ll discuss your options and preferences in the strategy consultation.

33. What documents do I need to get started?

Typically:

  • A valid passport
  • Basic proof of address and contact details
  • Civil status documents (birth certificate if single, marriage certificate if married/divorced)
  • For the banking compliance, financial statements and proof of source of funds

Later, these may need apostille and sworn translation for Brazilian use.

34. Can you help me obtain a CPF, sworn translations, and powers of attorney?

Yes. We routinely help clients with:

  • Applying for a Brazilian CPF
  • Planning the apostille + sworn translation path for vital records
  • Structuring a power of attorney that will actually be accepted by Brazilian registries

Our documents and the “7 Mistakes to Avoid” guide explain how underestimating these steps causes many foreigners to miss deadlines and pay penalties.

35. How do you communicate with clients during the transaction?

Most communication happens in a dedicated WhatsApp group that includes you, our team, and, when helpful, your realtor or other local professionals. You can follow everything in real time, ask questions, and see the deal move forward without micromanaging every detail. Email and Zoom calls are also used for more formal discussions.

36. How do you coordinate with my realtor and other local professionals?

We’re used to working alongside realtors, developers, bankers, and notary staff. We coordinate:

  • What documents they must provide
  • How to adapt their usual process to accommodate foreign‑buyer requirements
  • Scheduling of key milestones (earnest money, closing, possession)

Our job is to align everyone around a safe structure so you don’t have to be the project manager.

37. How do you help with sending money to Brazil and timing the release to the seller?

We help you work with Brazilian FX partner banks specialized in real‑estate transactions. Compared to everyday banks, they typically:

  • Offer more competitive exchange rates
  • Can schedule the day the funds are released to the seller
  • Provide proper documentation for Central Bank records and visa compliance

This avoids the classic mistake of sending money straight to the seller’s bank with no control over release timing.

38. Who pays Brazilian taxes, notary fees, registration costs, and other expenses?

In Brazil, it is typically the buyer who pays:

  • The real‑estate transfer tax (ITBI)
  • Notary and registry fees
  • Certain government charges

Total closing costs (excluding our fee) often land around a few percent of the property value. Our role is to guide you on what must be paid, when, and to whom; you are responsible for actually paying those amounts.

Realtor’s fees – on the other hand – are typically paid in full by the seller.

39. What happens on closing day?

On closing day (Escritura):

  1. The notary prepares the public deed of sale.
  2. The seller and buyer (or their attorneys/attorneys‑in‑fact) review and sign it.
  3. The bank releases the funds if that is the agreed schedule.
  4. You either receive possession (keys) or a contractually agreed move‑out date for the seller.

We review all documents in advance and, when representing you, supervise the signing so you understand what you are accepting.

40. After closing, how do I know the property is really in my name and safe?

After the deed is signed, we file it with the Real Estate Registry Office. Only when the registry issues a new title (matrícula) in your name are you legally recognized as owner. Once that’s done, we forward the new registration to you and explain its contents so you can confidently say “this property is mine.”

41. Apart from risk reduction, what do I actually gain by working with you?

Three big things:

  1. A much higher chance of ending up financially wealthier instead of stuck in lawsuits or bad deals.
  2. The ability to show up in your life as the person who genuinely owns a home in Brazil, which is socially and personally interesting.
  3. A smoother path to spending more time in a place where you can live healthier, more active, more relaxed days.

Plus: time saved, headaches avoided, and a professional team truly on your side.

42. How does your service help me build a wealthier, more attractive, and healthier life in Brazil?

We don’t just tick legal boxes. We help you:

  • Choose property types and locations that support appreciation and rental potential (wealthier)
  • Secure a base in Brazil you’re proud to invite people to (more attractive)
  • Obtain, when desired, residency that lets you actually live the Brazilian lifestyle—fresh food, sun, beaches, outdoor gyms (healthier)

The legal work is the engine behind the life upgrade you’re trying to create.

43. Does working with you improve the financial performance of my investment?

We can’t guarantee returns, but we can:

  • Help you avoid properties likely to be legal or financial drains
  • Suggest structures and locations that historically attract stronger demand
  • Reduce pointless costs (e.g., bad exchange rates, penalties, rushed decisions)

All of this affects how much wealth your Brazilian property ultimately creates rather than destroys.

44. Can you help me decide wherein Brazil to buy?

Yes, at a high level. In a strategy consultation we can discuss:

  • Cities and regions that fit your goals (income vs lifestyle)
  • Areas friendlier to foreign owners and short‑term rentals
  • How each option might affect your visa or long‑term plan

You still make the final choice, but you do it with context, not guesswork.

45. Do you provide referrals to trustworthy realtors and other professionals?

Yes. We maintain a network of trusted realtors and other professionals in many Brazilian cities. Realtor referrals are free of charge; we don’t take a commission cut from your transaction. Just tell us your goals and target locations, and we’ll connect you with agents who understand foreign buyers.

46. How do your free resources (eBook, videos, live streams) fit into the service?

They’re your on‑ramp:

All of this makes you a more informed, confident client, which makes the paid work more efficient and powerful.

47. What is the first step if I’m considering hiring you?

Book a strategy consultation with one of our Brazil real estate lawyers. In that session we:

  • Map your goals and timeline
  • Discuss property and visa options
  • Discuss risks in any deal you’re already considering
  • Decide together whether we’re a good mutual fit

If either side feels it’s not a match, you still leave with a clearer view of your Brazil plan.

48. What if I just want a quick answer by email without paying for a consultation?

You’re welcome to read our articles, download the eBook, and watch our videos for free. But for specific legal answers about your situation, we require a paid consultation. That’s the only way we can responsibly allocate time and accept professional responsibility for our advice.

49. Can I start with a smaller engagement (e.g., contract review) before committing to full advisory?

In some cases, yes – we may offer limited‑scope engagements such as contract review or a targeted risk assessment. However, because of our limited capacity and the complexity of foreign‑buyer transactions, we often recommend the full advisory from the start. We’ll discuss options candidly in the initial consultation.

50. If I’m ready to move forward now, what should I do next?

Simple:

  1. Contact us with a brief description of your situation (budget, city, timeline, whether you want a visa).
  2. We’ll reply with next‑step instructions or a link to schedule a strategy consultation.
  3. If we both agree to work together, you sign the engagement agreement, send the initial payment, and we start mapping your journey to owning a property—and a lifestyle—in Brazil.

You May Also Like:

Powered by Contextual Related Posts