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.

1

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.
2

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.
3

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.
4

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.
5

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.