What is the most efficient way to buy a home in Brazil?

Are the cartorio records accurate enough that a title search and / or outstanding claims at the time of the contract signature is sufficient?  Or do we need the lawyer to do search on claims in process but not filed in the cartorio?  If a lawyer is needed to do that search, where does the search end?

Yes, Cartorios should suffice for a sweep against any outstanding claims, if registered in Cartorio, which is the only way to make legal claims legitimate.

A Lawyer won't do any more than to search Cartorio claims.   

You need a Cartorio de Protestos e Titulos issued certificate to verify all other Cartorio's logged claims. If the seller has jurisdiction on other states, then you ought to do the same as well with other states. 

The above referenced is a fee based search. 

And then there are all the free of fee certificates, which are pro forma and follow every Real Estate Transaction.   A trained broker will know which certificates need to be issued.  All of them are free of charge, unless you want to renumerate the broker for time spent on this.

And if the transaction involves a land sale, then you need a certificate from the INCRA, clearing the land suitable to be sold.

Finally, is there a legal document that the seller can make a declaration of no outstanding claims against the property?

Nope, you can ask one, but it has no legal validity. Proof of burden is not on the seller. You have to gather all the required paperwork. 

And once again, no Title Insurance is to be offered on this.  Folks, Insurance is a racket. They won't issue a policy on something they stand liability for.  Stop being gulible!!!!

Thank you folks on the issue of due diligence before signing a purchase contract. 

I did a youtube search on brazil real estate scams and there were several results that describe the scams - from buying properties that are not registered to declaring less than purchase price to avoid taxes.

The most interesting fraud is to buy from a seller who registered the property on someone else's name.  Don't do it.

Interested buyers need to a) educate themselves on the various ways fraud / scams are performed and b) if things appear to be too good to be true - they probably are.

As all the pros on the forum have mentioned, if you (and your properly certified local professional) feel that something is not correct, do not proceed and drop that transaction.  There are other properties that you can purchase that are legitimate.

@rraypo, I read your comments on buying property in Santa Catarina. I was thinking of buying an apartment but now Im a bit skeptical. Do you have someone you trust that can steer me in the right direction..

Thanks

Mark

@john8670 Did you buy in Santa Catarina ? Hope I can hear a good story. I am thinking of buying as well in Floripa. I have time but I would like to know what are the right steps I need to follow If I decide to go through with a purchase.

Thx

Mark

@markjimenez

Hi Mark, I’m a brazilian who recently returned to Brazil having lived in the Uk for nearly 15 years. I have a background in British Law and am experienced with risk management. My husband is British and we have moved to Florianopolis two years ago. We have acquired an investment property in Sao Jose, converted it into small flats and now rent it for a profit.

The road to buying property as a foreign buyer is not a simple one, mostly due to the risks involved, which range from rogue estate agents, to unregistered properties, to outright scams.

There are many reliable professionals, but they must be handpicked with a previous background research being conducted. 

A main problem faced by foreigners is the lack of service providers who are well acquainted with the technical English required to explain the risks as they actually stand.

I work as an intermediary providing tailored technical research from an unbiased perspective and bridging the gaps needed for foreigners to find trustworthy services and make informed decisions when conducting business with third parties in SC.

Feel free to message me if you are looking for professional services in this area. Otherwise, Floripa is a great place to buy and incest. I’d say SC in general.

04/22/24 Feel free to message me if you are looking for professional services in this area. Otherwise, Floripa is a great place to buy and incest. I’d say SC in general.
   

    -@UKBrazil

My guess is that you probably want to edit that second-last sentence to read "invest". 

@abthree I could, but then I’d take away people’s chance to poke fun at my typo.

…and what would life be like without a bit of banter to lighten it up?!

04/22/24 👍🏻😂

    @rraypo, I read your comments on buying property in Santa Catarina. I was thinking of buying an apartment but now Im a bit skeptical. Do you have someone you trust that can steer me in the right direction..Thanks Mark        -@markjimenez

PM sent

Real estate horror stories abound in Brazil. What I have learned is while there are some great ones, for the most part, not to trust realtors here and you really cannot trust anyone in buying property, new developments, etc., not even family, when it comes to buying property as there are way too many variables and possibilities. In SP and Rio, I have a great guy, a very professional facilitator that was given to me by another member of this group. We have passed him on to many other people. He and his company work literal miracles and I would trust his judgement implicitly.  Please feel free to send me a message outside of here if I can be of any help.

Same here, I have an excellent attorney in Rio (who does work throughout Brazil) for foreigners buying property.  He also speaks fluent English.  I can provide his contact info if you PM me.

@rraypo

Hello I just recently retired and I’ve considered moving to Brazil I just recently found the Expat website and signed up. In one of your comments you mentioned you use a facilitator to assist you with many different aspects of the purchase. I was wondering if you would be able to provide me with his name and phone number?

Thank you

@Boondog Well, I will be brief, (yes, it is possible) Everyone in my family in the USA and Brazil has built their own homes (without debt). This includes my home in Northeastern Brazil (set up like a one-floor Air B NB), our assisted living caretaker on the property all the way to my younger brother who built multi-family Apartment Buildings in San Francisco.

It's what my family does.

Roddie in Retirement

Talk to philippe Macedo. Lawyer and is finishing hs real estate license.  I used him

@Boondog

Where are you considering moving to in Brazil? This should influence your decision, as it is much better to use people local to where you want to be. Remembering that Brazil is larger than contiguous USA...