Real Estate Due Diligence in Brazil
For buyers who value sound judgment before committing capital. Tailored legal due diligence for residential purchases and complex real estate transactions in Brazil.
A document can look reassuring and still leave important questions unanswered. Oliveira Lawyers provides property and seller due diligence for international buyers in Brazil, assessing the records in the context of the proposed transaction. Our bilingual team is led by Luciano Oliveira, an attorney licensed in Brazil, Texas, and California.
Our selective approach. We work with buyers who want candid advice before signing or sending money. We agree the checks, deliverables, responsibilities, and fees in writing, with the scope shaped by the property, its history, and your plans.
Need a quicker, focused first assessment? Our fixed five-hour preliminary review assesses available materials to identify early concerns and next steps.
Due diligence is scoped to your needs. Its depth, workstreams, deliverables, and timetable reflect the buyer, property, and transaction, including commercial properties, shopping malls, and real estate joint ventures.
Why Clients Trust Oliveira Lawyers
- Independent of the sale. We represent you and take no share of the realtor’s commission. Our advice can support proceeding, seeking protections, or walking away.
- A scope built around the transaction. From a residential purchase to a commercial property or joint venture, we define the investigation around your needs and the issues involved.
- The seller matters too. We assess ownership, authority to sign, and relevant litigation or debt concerns within the agreed scope, explaining their significance for your purchase.
- Findings you can act on. Our attorneys explain material concerns, unresolved questions, and recommended next steps before you decide how to proceed.
- Support for the next stage. If you want us to negotiate and coordinate closing, full purchase support can cover that broader role under an agreed engagement.
Judgment clients have relied on. One buyer describes being steered away from a bad deal and advised about risks and contract protections. Read our client reviews.
Discuss the property before you commit
40-minute Zoom consultation with Luciano Oliveira · US$125
Bring the property details, available documents, and any signing or payment deadline. We discuss the concerns and the appropriate review scope.
Consultation fee credited in full toward your services. Due diligence is scoped and quoted separately.
Due diligence for complex properties and transactions
The engagement can extend beyond a single residential purchase. Commercial buildings, shopping malls, development projects, and real estate joint ventures may require several coordinated areas of legal investigation.
- Commercial properties and shopping malls: title and ownership, leases and tenant rights, operating agreements, licensing, land use, and relevant disputes or liabilities.
- Joint ventures and company-held assets: ownership structures, authority, existing commitments, and legal issues affecting the proposed investment or partnership.
- Development and more complex sites: property history, approvals, use restrictions, and issues requiring environmental, engineering, tax, or other specialist input.
We agree which workstreams are included, who is responsible for specialist assessments, and how findings will be delivered. Fees and timing follow the agreed scope and document availability; this service is not limited to a five-hour review.
What we examine
The appropriate checks depend on the property type, location, ownership history, and transaction. A condominium apartment, rural land, and an unfinished development need different investigations. A higher price is not the only reason to expand the scope.
Property records and obligations
- Current registry records: the matrícula, recorded ownership, liens, restrictions, and relevant entries or annotations.
- Property taxes and condominium charges: applicable tax records, clearance documents, and evidence of outstanding condominium obligations.
- Construction and use: consistency between registered improvements, available approvals, occupancy documentation such as habite-se, and intended use.
- Possession and third-party rights: leases, occupants, usufructs, or other arrangements that may affect delivery or use.
- Special features: additional checks for rural, coastal, off-plan, or otherwise unusual properties, as agreed for the case.
A certificate reports on its subject and coverage at a particular time. A registry certificate alone does not establish that every tax, condominium, physical, or regulatory issue has been resolved.
The seller and authority to sell
- Identity and ownership; marital status and any required spousal participation.
- Corporate, probate, or power-of-attorney documents where someone signs for an owner.
- Relevant civil, federal, labor, tax-enforcement, insolvency, and protest searches, according to the agreed scope.
- Earlier transfers or prior owners when the history or findings call for an expanded review.
We assess what a finding means for this transaction. A lawsuit or debt does not automatically mean that the property cannot be purchased; it may call for more information, a change in terms, or a decision not to proceed.
Why seller debts require a careful assessment
Buying a property does not automatically make you responsible for every debt of its seller. Certain obligations tied to the property can affect the purchaser, and some transfers can be challenged by creditors. The type of debt, timing, registry entries, and applicable legal rules matter.
For example, condominium arrears are addressed by Civil Code article 1,345, while property-related tax succession and tax-enforcement concerns require analysis under Tax Code articles 130 and 185.
Registry-based protections for good-faith purchasers also matter. Law 13,097, article 54 and the STJ’s Súmula 375 are relevant starting points, with exceptions and distinct rules requiring case-specific review. Due diligence should interpret the evidence rather than treat every search result as a deal-breaker.
Legal review and technical inspection serve different purposes
Legal due diligence does not replace an engineer’s inspection, a boundary survey, a valuation, or specialist environmental work. Depending on the property, these may need to be commissioned separately. Their scope, provider, fees, and coordination should be confirmed before engagement.
We can assess the legal significance of the resulting documents within the agreed scope. No legal or technical review guarantees that a property has no defects or that a transaction is risk-free.
From records to a purchase decision
Agree the scope → examine the evidence → decide your next step
- Define the scopeDiscuss the property, your intended use, available records, and deadlines.
- Gather recordsObtain and examine the agreed property and seller documents.
- Assess findingsConnect the evidence, identify gaps, and explain material concerns.
- Choose a pathConsider further checks, proposed protections, a pause, or proceeding.
Before signing or paying: discuss any deadline with us. Document availability and unresolved issues affect timing; further checks or closing support may require a broader scope.
What Our Real Estate Clients Say
Selected five-star Google review excerpts about due diligence, contract protections, and the firm’s broader purchase work. Negotiation and closing services depend on the engagement you choose.
“Paulo and Luciano conducted very thorough due diligence on our behalf, steered us clear of a bad deal, made us aware of risks, handled all the bureaucracy and put extra protections in place for us in the contract.”
“Paulo Sales negotiated all the terms of the purchase agreement with the seller and the seller’s attorney, and made sure all the necessary documents and background checks were accomplished.”
“Luciano and Patrick provided expert guidance through every step of the transaction. They were very responsive from start to finish and took time to explain the nuances of the legal issues and the process for closing the transaction.”
“Everyone there is extremely helpful and answers questions quickly, correctly, and succinctly. And patiently too, for the questions I asked multiple times.”
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“From the very beginning, the firm demonstrated exceptional professionalism, patience, and diligence. They took the time to clearly explain every step of the process and ensured I felt supported and informed throughout.”
“Transferring funds from outside of Brasil, managing interactions with the seller, and managing the interactions with banks, and tax requirements, and registration of the completed purchase of the property. I can highly recommend him.”
“They handled every complex detail of my property acquisition in Valinhos with precision, from the international fund transfers to the final digital signatures. Despite the geographical distance and the complexities of coordinating between four countries and 4 continents, they provided constant communication and total transparency.”
“We selected Oliveira Lawyers and are very please with the result, because we now own a house near Rio and just received our residency approval for the next 4 years.”
“Thankfully I chose Oliveira to set up the transaction because there were issues that arose at the end of completing the sale . Marina was very helpful quickly clearing it up with the proper documents.”
“Regarding assistance with property purchases, Marina was very helpful. She handled all matters with banks, real estate agencies, lawyers, and the opposing party.”
“My husband and I hired Oliveira Lawyers to assist us with purchasing a condo in Brazil, and we couldn't be happier with our experience! The entire team demonstrated exceptional efficiency and professionalism from start to finish.”
“With their combined expertise and experience, Luciano Oliveira, Georgia Machado, and Paulo Sales did an outstanding job of helping me as a foreign national to successfully purchase real estate in Brazil.”
“Part 2: I made the choice to remain with the firm through the home buying process… Everything went great!!! They had my back 100% through it all. Thank you to Paulo and Marina for being there.”
“Excellent team and a great experience. Great service from the very start. The communication was exceptional and they really took all of the stress and fear out of buying a property abroad. They were happy to advise me at every step.”
“Buying property in Brazil can be very intimidating for foreigners who do not speak Portuguese, but Luciano and Paulo assisted with every step and made sure everything was done correctly and I was protected from any mistakes.”
“It was becoming an extremely fraught and tortuous undertaking until we instructed Luciano. Without his clear guidance and help we would have given up. Thanks to Luciano the purchase was successfully completed.”
Choose the level of support you need
Preliminary review: our fixed five-hour preliminary property review offers an early assessment of available materials. It has a limited scope and does not replace extended due diligence.
Due diligence: a tailored investigation with depth, workstreams, deliverables, and timing agreed for your needs. It can accommodate residential purchases, commercial properties, shopping malls, and joint ventures.
Full purchase support: broader representation through the purchase can include due diligence, contract negotiation, payment coordination, closing, and registration, as agreed.
Questions buyers ask
How is this different from the five-hour preliminary review?
The preliminary review is a quick, limited initial assessment of available materials. Due diligence is scoped around the transaction and can involve deeper investigation, additional records, multiple legal workstreams, and specialist coordination. You do not need to purchase the preliminary review first.
Can you review a property before I make an offer?
Yes. Contact us before accepting terms or transferring a deposit where possible. Share the proposed offer and any deadline so we can assess the appropriate starting point.
Does a clean matrícula mean the purchase is safe?
It is important evidence, but it does not answer every question. We consider the registry together with applicable obligations, the seller’s authority, possession, and other matters within the scope.
Are negotiation and closing included?
Only when included in your engagement. A due diligence review by itself should not be assumed to cover negotiations, money transfers, signing arrangements, or registration.
What if a problem appears?
We explain its significance and the next steps supported by the available evidence. You may need clarification, further investigation, proposed contract protections, or a decision to pause or walk away.
Can you help if I am outside Brazil?
We work with international clients remotely. The consultation establishes which documents and local or specialist steps are needed for your property.
Related resources: Property records · Property clearance certificates · Seven mistakes to avoid when buying.
General information only. The appropriate checks and legal advice depend on the facts and the agreed engagement.
Discuss the property before you commit
40-minute Zoom consultation with Luciano Oliveira · US$125
Bring the property details, available documents, and any signing or payment deadline. We discuss the concerns and the appropriate review scope.
Consultation fee credited in full toward your services. Due diligence is scoped and quoted separately.