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SERVICES

Buying and Selling Real Estate

Why seek legal counsel when buying or selling real estate?

ON Buying and Selling Real Estate

In real estate purchase and sale transactions, legal counsel can help prevent fraud and protect the assets of families and businesses.

Drafting and reviewing purchase and sale agreements, promises, or commitments.
Review of the public deed of purchase and sale at the notary's office and of the registration at the land registry office.
Research into any outstanding issues and restrictions concerning the property, including previous owners, sellers, or buyers, that could lead to the transaction being declared null and void due to fraud against third parties or creditors, or due to the absence of legal requirements in the purchase or sale.
Analysis of zoning, permits, and feasibility of obtaining building, environmental, and commercial, industrial, or residential use licenses for the property.
Assistance in securing financing, consortiums, or other financial mechanisms for purchasing loans.
Review of fees and taxes applicable to the purchase and sale of real estate.

Detailed understanding of all stages of buying and selling property;
Maximizing profits;
Awareness of the risks
Conflict reduction;
Legal certainty;
Document management.

QUALITIES

Why choose the law firm Dario Carneiro Advocacia?

Solid legal education - USP and FGV.

20 years of experience in Real Estate Law.

Clear, accessible language.

Hundreds of satisfied customers.

TESTIMONIALS - Buying and Selling Real Estate

Hundreds of satisfied customers.

I received excellent care from Dr. Dario! During the meeting, he explained everything clearly, answered all my questions, and guided me with great attention and professionalism. He exudes confidence and knowledge. I highly recommend him!

From the very first contact, Dr. Dario was committed to answering my questions and explaining, in detail, the paths and potential obstacles of the process. From the beginning, he demonstrated sensitivity, humanism, and a genuine concern in clarifying each step, which brought peace of mind to the process. His competence and expertise were evident in all phases, always guiding me with knowledge and clarity. I am grateful for his attention and professionalism. I highly recommend his work.

Office with high-quality service! Very competent and reliable professionals, excellent work, I recommend them!!

I highly recommend lawyer Dario Carneiro for cases involving the purchase and sale of real estate! Thank you very much for your service!

Thanks to Dario's excellent service and timely intervention, I was able to conclude the sale of a property after Quinto Andar abandoned both me and the buyer. As an excellent real estate specialist, he managed to close the deal without the need for litigation. I recommend him without hesitation for any situation. A serious, competent professional who is willing to go all the way to conciliation and problem resolution!

FAQ

Frequently asked questions about the office.

What is Real Estate Due Diligence and why is it the most important step?

Real Estate Due Diligence is a complete and preventative legal audit performed before signing any contract or making any payment. It involves an in-depth analysis of all property and seller (individual or legal entity) certificates to identify hidden debts, lawsuits, liens, or fraud that could compromise the property in the future. It is the only way to guarantee that the purchase is 100% safe.

What are the essential negative certificates that the buyer should request from the seller?

The buyer should request a set of negative certificates from the seller and the property to protect themselves. The most important include the updated Property Registration Certificate with a Certificate of Encumbrances (to check for mortgages or liens), Negative Certificates of Municipal Debts (IPTU), and Certificates of Civil and Tax Actions (Federal and State Courts) and Labor Lawsuits in the seller's name.

What are the risks of using an informal contract or just a private purchase and sale agreement?

The risk lies in not having legal ownership of the property. The definitive transfer of ownership only occurs with the registration of the Public Deed of Purchase and Sale at the Land Registry Office. A private contract (informal contract) or an unregistered deed only generates a right of possession, leaving the buyer vulnerable to the seller's creditors or to further fraudulent sales.

Who is responsible for paying taxes and fees in the transaction?

By law and market practice, the buyer (acquirer) is responsible for paying the ITBI (Tax on the Transfer of Real Estate), which is mandatory for the execution of the deed. Notary fees (emoluments) are also usually paid by the buyer. The seller, in turn, is responsible for paying income tax on capital gains.

Can a lawyer assist in the transaction, even if a real estate agency or broker is involved?

Yes, and it's highly recommended. The real estate agency and broker act as commercial intermediaries. The specialist lawyer acts as your legal representative, guaranteeing the legal validity of all documents. They complement the service, focusing exclusively on risk mitigation, drafting or reviewing the Purchase and Sale Agreement, and ensuring the security of the property transfer.

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Excellence in Real Estate Law

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