Public deed for real estate: when is it mandatory and why is it so important?
Buying a property is one of the most important financial decisions for most people. However, many buyers believe that signing a private contract is enough to guarantee ownership of the property. In practice, this perception can lead to legal problems and hinder the regularization of the acquisition. The public deed for real estate plays a crucial role […]
Property registration: what is it, when is it mandatory, and what are the risks of not doing it?
The purchase of a property does not end all obligations related to its regularization. Many changes that occur throughout the property's lifespan need to be officially recorded at the Land Registry Office to be legally binding on third parties. This procedure is called property registration. Despite its importance, many owners […]
Right of first refusal in the purchase of real estate: when does it exist?
Buying or selling a property involves much more than setting a price and signing a contract. Several legal norms regulate these negotiations to ensure the security of the parties and avoid future conflicts. Among these norms, the right of first refusal stands out, a legal institution that grants priority to a specific person to acquire the property before third parties. Thus, […]
Building on irregular land: what are the legal risks?
Building a property represents a significant investment and, for many people, the realization of a life project or the expansion of their assets. However, starting construction on irregular land can generate problems capable of compromising the investment and hindering the regularization of the property. Before starting any work, the owner must verify the registration status, […]
Real estate purchase and sale agreement: mistakes that can lead to future losses.
The purchase and sale agreement is one of the most important documents in any real estate transaction. It establishes the rights, duties, and responsibilities of the parties, as well as the conditions for the transfer of ownership. Despite the importance of this instrument, many transactions are still formalized through generic contracts or contracts drawn up without proper documentation.
Property with outstanding property tax (IPTU) debt: who is responsible for paying it after the purchase?
Buying a property requires much more than analyzing the price, location, and payment terms. Before finalizing the deal, it is essential to verify the legal and tax status of the property, as certain outstanding issues can have significant impacts on the buyer. Among the most frequent questions is the responsibility for […]
How to identify fraud and hidden risks before investing in a property.
Buying a property is often one of the most significant financial decisions in a person's or company's life. Whether for housing, asset expansion, or investment, the acquisition involves high values and consequences that can extend for decades. However, many buyers focus their attention only on factors such as location, price, potential […]
Joint Venture Companies in Real Estate Investments: Risks, Precautions, and Warning Signs
A Limited Partnership, also known by the acronym SCP, is a legal structure used in various types of businesses, including real estate investments. In practice, it usually involves two main figures: the managing partner, who appears before third parties and conducts the activity, and the participating partner, who contributes resources and participates in the results […]
STX Group, SCP Real Estate and Condo-Hotels: Legal Points for Investors and Buyers
The crisis involving companies of the STX Group has raised an important alert for investors, purchasers of real estate units, partners participating in joint venture companies, and individuals who have invested in hotel projects structured through SCPs, SPEs, and condo-hotels. The case should not be analyzed merely as a common contractual dispute. Depending on […]
Fiduciary alienation: what happens when the financing is not paid?
Real estate financing is one of the most common ways to acquire property in Brazil. However, many buyers are unaware of the legal effects of fiduciary alienation, a mechanism widely adopted by financial institutions to guarantee debt repayment. In times of financial difficulty, late payments often cause concern. In this context, understanding how fiduciary alienation works is crucial.