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Old 23-05-2007, 08:41 AM
David Belk David Belk is offline
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Join Date: May 2007
Posts: 26
Default Buying in Brazil

Foreign Ownership
There are no major restrictions on overseas buyers for buying and selling residential or commercial property. There are some limitations or fees applicable for specific areas such as marine land, islands, agricultural rural land or areas near Brazil´s International borders.

Is it safe to buy Real Estate in Brazil?
Yes, Brazil is a safe place to buy real estate. We recommend that as with any overseas purchase that you use an approved estate agent and lawyer.
How much will it cost to buy or sell property?
On average transaction costs (ie stamp duty, fees etc) can be around 7% of the purchase price. This may differ on the location (eg beachfront), type of property and State you buy in. If there is a significant amount of work to establish title and ownership then these costs may be more.
This budget will cover you for Government Purchase tax (2%-7%), legal and registration fees.
Legal Matters
We have English speaking lawyers to help you with your purchase.

These lawyers check the current owners have the correct title to the property. Check for any charges and liabilities on the property. Checking your contract and advise you on the obligations for both parties. Helping you through the payment/funds transfer. Ensuring the property is registered in your name.
There are generally no limitations to returning money back overseas if registered with the Central Bank at the time of your purchase.

Can I get a mortgage?
The mortgage market is in its infancy in Brazil. In 2005 about 50,000 mortgages were granted however this will grow as interest rates decline and as banks develop these products. We are discussing mortgaging options with several financial institutions in Brazil. Currently foreigners cannot get mortgages. Buyers usually arrange alternative financing in their own countries.

Land Registration System.
Real estate registration in Brazil is carried out by private notary publics, under the form of a public permission, under Justice control. All real estate registries in Brazil are under control and fiscalization of a State Judge.
The real estate registry system in Brazil is quite developed and safe, in which each property can only be registered at a single registry, which keeps the entire commercial history and the physical identification of each property. The access to all information of a real estate, including those concerning its owners, mortgages and other burdens, is public. In the larger cities, these services this may be automated.
It is very important to ensure that any property you buy has clear title.
Code of Ethics
The Real Estate Agents Law imposes a Code of Ethics over all professionals and companies operating in the segment. There are internal disciplinary processes, with sanctions ranging from fines to violator’s license suspension and cancellation. Sanctions are imposed by COFECI, through the CRECIs.
Licensing Requirements
All real estate agencies must have a fully qualified real estate agent partner who is technically responsible. To close a sale, it is necessary that a public deed is drafted by the notary public, and it is registered by the real estate registrar. The sales can be entered into directly between sellers and purchasers, but in case of intermediation such activity can only be carried out by real estate agents or agencies accredited by the CRECIs. Lawyers are not mandatory, but they can represent any of the parties as attorneys-in-fact.
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