Extrajudicial Compulsory Adjudication: Requirements & Registry

Context Note: This content describes Brazilian notary and public registry law (federal scope).

Title

Extrajudicial compulsory adjudication: requirements and procedure in the Real Estate Registry

Extrajudicial compulsory adjudication: requirements and procedure in the Real Estate Registry

This article answers

• What is extrajudicial compulsory adjudication and when is it necessary?
• What are the legal requirements to request extrajudicial compulsory adjudication?
• Is a notarial deed of facts required to instruct the compulsory adjudication in the real estate registry?
• What documents do you need to present to the real estate registry?
• How much does extrajudicial compulsory adjudication cost and what is its timeframe?

In summary

• Extrajudicial compulsory adjudication (adjudicação compulsória extrajudicial) is the administrative procedure conducted before the real estate registrar to obtain the transfer of property title without going through the Judiciary.
• The act requires documentary proof of the promise of purchase and sale, full payment of the price, refusal or inability to locate the seller (promitente vendedor), and representation by an attorney.
• The drafting of a notary certificate of facts (ata notarial) at a notary public office (tabelionato de notas) is an essential step to prove default by the seller and the soundness of the real estate documentation.
• The fees for the act are set by state legislation, subject to the guidelines of the Conselho Nacional de Justiça (National Council of Justice) Provimento CNJ nº 149/2023, Livro II.

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What is extrajudicial compulsory adjudication and when is it necessary?

Extrajudicial compulsory adjudication is the administrative avenue that allows the buyer to register ownership of real estate when the paid-off seller fails to fulfill the obligation to sign the definitive public deed.

The procedure takes place directly at the real estate registry (registro de imóveis) office where the property is located Lei nº 10.406/2002 — Código Civil, art. 1º.245. This option avoids opening a judicial lawsuit to regularize transactions entered into via a private promise of purchase and sale agreement Lei nº 10.406/2002 — Código Civil, art. 1º.417.

You resort to this means in scenarios of unjustified refusal, death, bankruptcy, or unknown whereabouts of the seller. Extrajudicial compulsory adjudication secures the real right to acquire property, provided that full compliance with contractual obligations by the buyer is demonstrated.

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What are the legal requirements to request extrajudicial compulsory adjudication?

The requirements to request extrajudicial compulsory adjudication involve contractual obligations and formal requirements for transaction validity Lei nº 10.406/2002 — Código Civil, art. 104.

First, you must possess a promise of purchase and sale agreement or an instrument of assignment of rights. The contract may be public or private, dispensing with prior registration on the property matrix (matrícula imobiliária), as consolidated in legal practice.

Second, it is essential to demonstrate full payment of the agreed price. Payment is proven by receipts, bank transfer statements, or settlement statements granted by the seller.

Third, establishing the seller's default is required. Default results from formal refusal to sign the definitive deed or from legal impossibility to do so, such as in the event of death without a finalized probate.

Finally, the application must be signed by a licensed attorney or public defender, who will draft the petition addressed to the real estate registrar.

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Is a notarial deed of facts required to instruct the compulsory adjudication in the real estate registry?

Yes. A notary certificate of facts (ata notarial) is a mandatory document to instruct extrajudicial compulsory adjudication before the real estate registry Lei nº 8.935/1994, art. 6º.

You must request the drafting of the notary certificate of facts at a notary public office (tabelionato de notas). The notary analyzes the property documentation, verifies settlement of the transaction, and qualifies the transfer of rights. In its text, the notary certificate details the contractual events and the property's history.

For more details on instructing evidence through a notary office, you can check our article on ata notarial e provas digitais. The notary certificate of facts provides public faith to the applicant's claims Lei nº 10.406/2002 — Código Civil, art. 215.

The notary public also attests to any unsuccessful attempts to notify the seller, serving as definitive evidentiary material for the real estate registrar.

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What documents do you need to present to the real estate registry?

The application for extrajudicial compulsory adjudication demands a complete evidentiary bundle to demonstrate the chain of title and the validity of the legal transaction.

You must attach the notary certificate of facts drafted by the notary public office and the original promise of purchase and sale agreement or a certified copy. Proof of payment of the real estate transfer tax (ITBI - Imposto sobre Transmissão de Bens Imóveis) is also added.

Clearances of tax debts regarding the property and civil court clearance certificates for the parties are required. If the transaction was executed through an attorney-in-fact, a public power of attorney with specific powers is required.

It is recommended to conduct a comprehensive documentary analysis of the asset beforehand. See how this mapping works in our guide on due diligence imobiliária e segurança.

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FAQ

What is extrajudicial compulsory adjudication and when is it necessary?

Extrajudicial compulsory adjudication is the procedure conducted at the real estate registry to transfer property title when the seller refuses or is unable to sign the definitive deed. It applies to buyers who have fully paid for the property and hold a valid contract.

What are the legal requirements to request extrajudicial compulsory adjudication?

Requirements include proof of full price payoff, presentation of the promise of purchase and sale agreement or equivalent instrument, proof of refusal or inability of the seller, and representation by an attorney or public defender.

Is a notarial deed of facts required to instruct the compulsory adjudication in the real estate registry?

Yes. A notary certificate of facts (ata notarial) is drafted at a notary public office and serves to attest to facts, such as price payoff, property characterization, and unsuccessful attempts to notify the seller.

What documents do you need to present to the real estate registry?

You must present the application signed by an attorney, the notary certificate of facts, the promise of purchase and sale contract, financial payoff receipts, and tax and court clearance certificates regarding the parties and property.

How much does extrajudicial compulsory adjudication cost and what is its timeframe?

Costs cover notary certificate fees and real estate registry fees, calculated based on official state fee schedules. The timeframe varies according to the completion of notifications and analysis of requirements by the registrar.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 6.015 1973 — Lei nº 6.015/1973
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 14.382 2022 — Lei nº 14.382/2022
• lei_federal 8.935 1994 — Lei nº 8.935/1994

Próximos passos

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