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Deed Closing documents

Last activity 23 January 2024 by JohnnyPT

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williashirl8

Hi all, 


In mid December 2023, I signed a purchase agreement with a deed closing scheduled for mid February.  The seller had some scheduling conflict and asked to move the closing to January 31st which I was told was doable by the RE agent .  In order to close the deed there are necessary documents that is needed from city hall and the condo board.


Today I was informed by the agent that they have NOT received the necessary document from city hall nor the condo board however, based on a “new law” we should be able to move forward with the deed closing despite not having these documents available!! 


I am EXTREMELY nervous about not having these documents available!

Can anyone let me know if in fact not having these documents is ok, or should I postpone the closing for a later date?

JohnnyPT

Hi,


Find out what the "new law" is...


If you're buying a flat, you need a declaration that there are no debts in the condominium payment.


You also need a housing licence from the town hall. If the flat was already lived in, I find it very strange that there is no housing licence yet.


Be aware that these documents are compulsory when buying a house. The notary requires these for the deed.

Strontium

What advice from your Lawyer ?

donn25


Can anyone let me know if in fact not having these documents is ok, or should I postpone the closing for a later date?
   

    -@williashirl8


I have to point out that you haven't identified the documents.  Given that, how confident can you be that you have received a correct answer to your question?

williashirl8

@JohnnyPT, I asked to get the code relevant to this "new law" and I was told by the RE agent that he would need to look it up.  Without the documents from city hall I (the buyer) would be purchasing this condo and assume all the responsibility if the deed is not free and clear of any encumbrances! To that I said NO!


@Strontium, the agent bypassed my attorney and came to me 1st…I then contacted the attorney and she completely advised against it!


@ Donn25, you are correct I did not mention the documents needed because I did not want to risk the chance of the misspelling and confuse anyone further. In laments term it's the deed (in English). Across the world whenever property is being transferred through a sale of any sort the deed needs to be free and clear of any encumbrances. On the West Coast in the US it comes from the Escrow company.  On the East coast it comes from the seller's attorney's office to the buyer's attorney's office.

JohnnyPT

@williashirl8,


The condominium declaration should state that there are no unpaid debts.


The land certificate/ certidão predial should state that there are no mortgages. In fact, the notary will check this, but your lawyer must check it too.


Don't go along with the real estate agents. And your lawyer must have no connection with your real estate agent as well...

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