Real Estate Law: security for your property
Buying, selling or renting a property usually involves large amounts, long contracts and many expectations. A detail overlooked in a certificate or a poorly written clause can turn the dream of owning a home into years of problems. Legal advice before signing is almost always cheaper and more effective than solving a dispute later.
We work on preventing and resolving real estate disputes: document review, drafting and reviewing contracts, property regularization, rental and condominium matters, and disputes with developers. We explain each step in plain language so you know exactly what you are signing.
Buying and selling safely
In Brazil, only those who register are owners. Ownership of a property is transferred by registering the title at the Real Estate Registry Office, not merely by signing the contract or paying. That is why the updated registration record of the property is the first document to review: it shows who the owner is and whether there is a mortgage, seizure, fiduciary lien or other restriction.
We also recommend checking certificates on the seller, such as civil, labor and tax lawsuits, to reduce the risk of the sale being challenged by creditors in the future. As a rule, buying a property worth more than 30 minimum wages requires a public deed, in addition to paying the ITBI, the municipal transfer tax.
We review the purchase agreement, payment terms, penalties and the key handover date, and we follow the signing of the deed and the registration until the property is actually in your name.
Off-plan properties and disputes with developers
When buying off-plan, the most common problems are delivery delays, differences between what was promised and what was delivered, construction defects and undue charges. The law allows a tolerance of up to 180 days on the delivery date, if provided in the contract; after that, the buyer may be entitled to compensation or to terminate the contract.
When the buyer withdraws from the deal, the developer may retain part of the amounts paid, within the limits set by law. We review the contract and payments to check whether the proposed retention is correct.
Residential and commercial leases
Brazil's Tenancy Law governs rental contracts. It allows only one type of guarantee per contract, such as a deposit, a guarantor, rent guarantee insurance or the assignment of investment fund shares. Requiring two guarantees at the same time is irregular.
We act for landlords and tenants in eviction cases, rent collection, rent reviews and return of deposits. In commercial leases, the renewal action protects the business location: in written contracts of five years or more, the tenant may request renewal, but must respect the window between one year and six months before the contract ends.
Adverse possession and property regularization
Many properties in Brazil are not regularized: they were bought with private contracts, inherited without probate or occupied for many years. Adverse possession, known as usucapião, allows ownership to be acquired through prolonged, continuous and unopposed possession, provided the requirements of each type are met.
The periods range from five to fifteen years, depending on the type of usucapião, the size of the property, the existence of a fair title and use as a home. Today, in many cases, the procedure can be done directly at the registry office, out of court, which is usually faster than the judicial route.
Condominiums and neighbors
Disputes over condominium fees, fines, use of common areas, renovations, noise and leaks are part of daily life for many residents and building managers. We advise on the condominium bylaws and internal rules, meetings and collection of arrears, always seeking dialogue and an amicable solution first.
In cases of arrears, collection may lead to the seizure of the unit itself, since condominium debt follows the property. On the other hand, fines and restrictions applied by the condominium must respect the bylaws, the resident's right of defense and the limits of the law. Legal guidance at the right time helps prevent a simple disagreement from turning into a long lawsuit.
How our service works
In the initial conversation, we understand your goal, whether buying, selling, renting or resolving a dispute, and indicate the documents needed. We then present in writing the analysis of the case, the risks identified and the fee proposal.
You follow everything through the client portal, with deadlines and documents organized. We do not promise results, but we guarantee careful analysis, transparent communication and attention to the details that make a difference in protecting your property.
Before signing any real estate contract, schedule a conversation. A prior review can prevent losses that would take years to resolve.
