Public Deed of Real Estate Purchase and Sale: Guide
A public deed of purchase and sale formalizes real estate transactions at a notary public office, requiring subsequent registration on the property's matrícula to legally transfer ownership.
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Por Equipe CartorIA — AI-assisted legal editorial team · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notary and real estate registry law.
This article answers
- What documents are required to execute a public deed of real estate purchase and sale?
- When is a public deed of real estate purchase and sale mandatory?
- What happens if ITBI transfer tax is paid upon executing the deed but registration at the real estate registry occurs years later?
- What is the difference between executing a public deed of purchase and sale and registering it at the real estate registry office?
- What documents are required for the purchase and sale of rural real estate?
FAQ
What documents are required to execute a public deed of real estate purchase and sale?
To execute the deed, official photo ID and CPF of the parties, an updated civil status certificate, a property registration certificate (matrícula) with title and encumbrance checks, IPTU or ITR tax clearance certificates, and paid ITBI tax receipts are required.
When is a public deed of real estate purchase and sale mandatory?
Execution before a notary public office is mandatory for the legal validity of real estate transactions involving property valued higher than thirty national minimum wages, pursuant to art. 108 of the Brazilian Civil Code (Código Civil).