What each person should have ready
Buyer
- ID (RG) and CPF, including those of a spouse or partner.
- Updated marriage or birth certificate, and a registered prenuptial agreement if there is one.
- Proof of address and profession.
- If financing: proof of income and whatever the bank asks for. With FGTS: the fund’s documents.
- Foreign buyers: a CPF and a valid ID in Brazil.
Seller
- ID (RG) and CPF, including those of a spouse or partner, and an updated civil status certificate.
- Federal, state and municipal tax certificates, and protest certificates.
- State, federal and labor court certificates, where the seller lives and where the property is.
- Companies: CNPJ, articles with the latest amendment, commercial registry certificate and the company’s certificates.
- Representatives: an updated power of attorney with specific powers.
Property
- Updated title record (matrícula), with a certificate of liens and claims.
- IPTU bill and a certificate of no property debts.
- Condominiums: a statement that fees are paid.
- Federal marine land: SPU registration (RIP) and CAT.
- Rented property: the lease and proof that the tenant received the offer. The tenant has 30 days to answer.
- Rural property: CCIR, ITR, CAR and geo-referencing, when required.
Since 2022, court certificates are not required to prove a buyer’s good faith, and what counts is what the title record shows (Law 13,097/2015, art. 54). We still recommend asking for them: they show the risk before the money moves. The registry or the bank may ask for more.
What closing costs
| Cost | Who pays | How it works |
|---|---|---|
| ITBI transfer tax | Buyer | A town tax, calculated by the town hall. Confirm the rate and base before signing. |
| Deed | Buyer | State fee table, based on value. Does not apply when the bank contract replaces the deed. |
| Registration | Buyer | State fee table, based on value. Paid to the Property Registry. |
| Bank fees | Buyer | Valuation and legal review, set by the bank. Financing only. |
| Laudêmio | Seller | On federal marine land, when due: 5% of the land value, per the federal valuation. |
| Commission | As contracted | Amount and timing are written in the authorization and the agreement. |
| Capital gains | Seller | Income tax on any profit. Confirm with an accountant. |
The law puts the deed and registration on the buyer, unless agreed otherwise (Civil Code, art. 490).
The contracts: draft ready, attorney in control
Arvita builds each document from templates and the deal’s details. What is missing is marked, and suggested deadlines and penalties are highlighted to confirm. The attorney also gets a review sheet with the points to watch in that deal. Contracts are in Portuguese.
- Sale authorization: what allows the property to be advertised, with term and commission.
- Purchase offer: the conditions offered.
- Purchase agreement: the contract for the deal, cash or financed.
- Deposit receipt: proof of the first payment.
- Key handover record: possession, condition of the property and meter readings.
No contract goes to the parties before this review. The deed is always drawn up by the notary, and the financing contract is always the bank’s.
In Ilhabela, also check
- Registration: Ilhabela properties are registered in São Sebastião, so allow for that in the timing.
- Federal marine land: part of the shoreline belongs to the federal government, which changes documents and costs.
- Possession without title: selling possessory rights follows a different contract and path. See an attorney before paying any deposit.
- Land: see what to check in the land guide.
Frequently asked questions
When does the property become mine?
When the deed or bank contract is registered on the title record at the Property Registry. Signing matters, but ownership only changes on registration (Civil Code, art. 1,245).
Do I need a public deed?
Generally yes, for property worth more than 30 minimum wages (Civil Code, art. 108). In a financed purchase, the bank contract has the force of a deed (Law 9,514/1997, art. 38).
Who do I pay the deposit to?
The seller, into the account written in the contract, by traceable bank transfer. Arvita does not receive or hold the purchase money.
What if the paperwork has a problem?
The purchase agreement gives the seller time to fix it. If the seller does not and the issue is material, the buyer can withdraw and get the deposit back, as the contract provides.
Does Arvita write the contract?
Arvita prepares the draft from the deal’s details and marks what is missing. An attorney reviews and confirms it before anyone signs.
Legal basis
- Civil Code: form (art. 108), offer (art. 427), deposits (art. 417 to 420), sale (art. 481 to 490), brokerage (art. 722 to 729), registration (art. 1,245), purchase agreements (art. 1,417 and 1,418) and spousal consent (art. 1,647).
- Law 6,530/1978: brokerage and written authorization to advertise (art. 20, III).
- Law 8,245/1991: tenant’s right of first refusal (art. 27 to 34).
- Law 9,514/1997: financing and force of a deed (art. 38).
- Law 13,097/2015 and Law 14,382/2022: what counts is what the title record shows.
- Decree-Law 2,398/1987: laudêmio and federal land.
- e-Notariado: electronic deeds, with video call and notarized certificate.
- LGPD: use of the deal’s personal data.
Have a closing ahead?
Tell us what stage you are at. Real estate is handled by Marina Nogueira, licensed real estate broker, CRECI 296779F.
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