Buyer’s Guide
The Foreign Buyer's Brazil Property Checklist
Buying property in Brazil from abroad can feel opaque — a different language, a different registry system, and few clear answers about what to verify before you wire money. This checklist walks through what a careful buyer should work through, from first viewing to final registration. It's general information, not legal advice, and procedures and figures vary by state and municipality — confirm the current rules for your specific property and location.
Before you commit
Get your bearings before signing or paying anything. The goal is to confirm what you're actually buying and who you're dealing with.
- Get the property’s full address and matrícula number. The matrícula is the property’s unique registry record — without it you can’t verify ownership or history.
- Identify which cartório de registro de imóveis holds the record. Every property is registered at a specific land registry office; you request all official documents from there.
- Confirm who the real estate agent legally represents. In most deals the agent works for the seller, not you — knowing this tells you whose interests the advice serves.
- Decide early whether you’ll engage your own independent lawyer. An advisor with no stake in the sale closing can flag issues the parties have no incentive to raise.
- Clarify your own purpose and timeline. Home, rental, or investment changes the tax, structuring, and residency questions worth asking up front.
Verifying the property & the seller
The heart of due diligence: confirming clean title and a seller who can legally sell. Most title problems are visible here if you look.
- Pull a recent certidão de matrícula and read its full history. It shows the chain of ownership and any liens, mortgages, or encumbrances recorded against the property.
- Check that the seller on the matrícula matches the person selling. Mismatches — heirs, ex-spouses, undivided estates — are a common source of disputes over who can actually transfer.
- Request certidões negativas for the property. These certificates show whether the property itself carries outstanding debts or charges.
- Request certidões negativas for the seller (person or company). Debts and lawsuits against an owner can attach to their assets; a seller in trouble is a risk to the sale.
- Ask for proof that IPTU (municipal property tax) is up to date. Unpaid IPTU can follow the property to the new owner, so confirm there are no arrears.
- If it’s a condominium, request a statement of condo fees. Outstanding condo dues can also become the buyer’s problem after transfer.
- Verify the physical and registry descriptions match. Differences between what’s built and what’s recorded can complicate registration later.
Money & taxes
Plan the financial side before you commit funds — especially if your money comes from outside Brazil. Getting this right is what lets you take money back out later.
- Budget for the ITBI (transfer tax) and registration costs. These fall due around the transfer; rates and fees vary by municipality, so confirm the current local amounts.
- Confirm how and when the price will be paid, in writing. A clear payment schedule tied to milestones protects you if something goes wrong mid-transaction.
- If funds come from abroad, plan the foreign-capital registration. Under Lei 14.286/2021, foreign investment into Brazil is registered with the Central Bank (the RDE-IED registry).
- Keep records of the inbound transfer and exchange documents. Proper registration of the foreign funds is what allows the capital to be repatriated later if you sell.
- Confirm any taxes or withholdings that may apply to a non-resident. A non-resident’s tax position can differ; verify the current treatment for your situation.
The contract & closing
The contract is where every prior check gets locked into enforceable terms. Read it before signing — translation included, if you need one.
- Confirm the exact price, currency, and payment schedule. Ambiguity here is the most common source of post-signing disputes.
- Check the penalty and default clauses for both sides. You want to know what happens — and who pays — if either party fails to perform.
- Confirm the conditions and date for handover of possession. This defines when the property (and its risks and costs) actually becomes yours.
- Understand the preliminary contract vs. the final deed. A signed promise to sell is not the same as a registered transfer of ownership.
- Have the final deed (escritura) signed before the proper authority. For most purchases the deed is executed before a notary (tabelionato de notas); confirm the correct procedure.
- Make sure any translation reflects the binding Portuguese text. If you’re signing in a language you don’t read fluently, confirm what the official version actually says.
After the purchase
The deal isn't done when you sign — it's done when the registry shows your name. This phase makes your ownership official and durable.
- Register the deed at the cartório de registro de imóveis. In Brazil ownership transfers on registration, not on signing — until you register, you are not the legal owner.
- Pull a fresh certidão de matrícula showing you as owner. This is your proof that the transfer was recorded correctly and completely.
- Confirm IPTU records are updated to your name. Keeps future property-tax notices coming to you and avoids gaps in the record.
- Update the condominium and utilities to your name. Keeps billing, voting rights, and responsibilities correctly assigned to you.
- Keep your foreign-capital registration and all documents on file. You’ll want this paper trail for any future sale, repatriation of funds, or tax filing.
Want a lawyer to run these checks for you?
This checklist covers the ground a careful buyer should walk — but the details that matter most are often the ones that don't appear on a standard form. We're a Brazil-licensed firm working in English and Portuguese, and we can act for buyers abroad through a power of attorney — so verifying the title, reviewing the contract before you sign, and handling the registration and Central Bank steps can happen without you flying in.
ZS Advogados Associados — OAB/SP — Presidente Prudente, São Paulo, Brasil.