Public Deed and Purchase and Sale Registration Checklist
Detailed guide on essential documentation required for public deed execution and real estate purchase and sale registration under Brazilian civil law.
Última atualização:
Por Editorial Staff of the 5th Notary Office of Recife — AI-assisted legal writing staff · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notarial and real estate registration law.
Document Checklist for Public Deed and Real Estate Purchase and Sale Registration
Document Checklist: Real Estate Deed & Registration
Complete checklist of documents required to execute a public deed and register a real estate purchase and sale in Brazil. Avoid registrar requisitions.
FAQ
Which documents are required to execute the public deed and purchase and sale registration?
To execute and register the transaction, you must present identification documents of the parties, marriage or stable union certificate, an updated property title certificate showing encumbrance status, tax clearance certificates for the property and sellers, and the paid ITBI tax slip.
What is the difference between executing a public deed and registering a purchase and sale?
A public deed is executed at a notary office (tabelionato de notas) to formalize the declaration of intent of the parties. Registration is performed at the real estate registry (cartório de registro de imóveis) of the property jurisdiction to legally transfer in rem ownership.
Is proof of ITBI payment mandatory to execute a public deed and purchase and sale registration?
Yes. Tax supervision is a statutory duty of notaries and registrars. Presenting the paid ITBI tax slip and municipal tax clearance certificate is required to execute and record the property transfer title.
Who must present personal and tax certificates in the purchase and sale process?
The seller must present tax, labor, civil, and criminal distribution certificates to prove the absence of liens or fraud. The buyer presents personal qualification documents or updated corporate representation papers.
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