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One of the main challenges of buying real estate in Brazil is the lack of title insurance. The vast majority of the real estate transactions in Brazil are closed without any insurance. This means a substantial risk associated with purchasing real estate in Brazil since nobody will refund you if you end up having title or deed problems in the future.
Cartorios
The registration offices ("cartórios") are entities of a mixed public-private nature in charge of recording real estate transactions and issuing deeds upon closing. Such cartorios require certain certificates related to both the seller and the property to be presented during the transaction recording ("Escritura"). Other documents may be required later on when the deed is about to be issued ("Registro").
Although such certificates and a somewhat active inspection of the documents by the cartorios are meant to bring some security to the buyer, the vast majority of the buyers will hire professionals to assist them throughout the purchase cycle.
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While buyers of smaller properties and more experienced buyers may decide to rely on their realtors to advise on the purchase, most buyers of higher value properties will prefer to have a real estate attorney advising them. A real estate attorney can identify risks that are beyond the most obvious ones. Sellers who are in default with third parties, for instance, could give rise to claims against the property despite the basic due diligence done by the cartorio.
Other situations that may result in litigation over the property include boundaries, probates, divorces, incapacity, multiple sales, and sales that are agreed in the paper but not completed with the Escritura and the Registro.
In Broad lines, these are the services that we provide when assisting a client purchasing a property in Brazil.
Our usual professional fee to handle all the services above is 5% for standard properties. If you need just part of the services a lower fee could apply. To know more about our fees, check our reference fee page.
Contact Us Now
info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!