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Property in Brazil - General buying and selling tips for Brazil - Page 11

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  #101  
Old 16-04-2008, 11:01 PM
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Important info.To all prospective future buyers in Brasil.Always make sure the seller produces a valid CRECI NUMBER.This is a legal estate agent number authorising that particular person is able to sell property in Brasil.These people have trained in Brasil ,speak fluent portuguese and can understand all contracts compre E vendas and rented contracts,clauses,Brazilian law etc,etc.Legislation form State to state can also vary so do check all documents correctly.

Hi Dotty - I am sure you meant to say 'make sure the broker/agent selling the property has a valid CRECI number', not necessarily the actual seller...
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  #102  
Old 17-04-2008, 08:12 AM
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The agent selling the property must have a valid CRECI number.This cannot be obtained from overseas.
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Hi Dotty - I am sure you meant to say 'make sure the broker/agent selling the property has a valid CRECI number', not necessarily the actual seller...
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  #103  
Old 17-04-2008, 08:34 AM
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Originally Posted by Dotty View Post
Important info.To all prospective future buyers in Brasil.Always make sure the seller produces a valid CRECI NUMBER.This is a legal estate agent number authorising that particular person is able to sell property in Brasil.These people have trained in Brasil ,speak fluent portuguese and can understand all contracts compre E vendas and rented contracts,clauses,Brazilian law etc,etc.Legislation form State to state can also vary so do check all documents correctly.
Absolutely true - very important that the person you are dealing with on the ground is fully licensed. Of course this doesn't mean they will read the contracts or do any due diligence, it just means that if they want to do it and decide to do it, they are able to do the necessary research.

Also, keep in mind that this is only required when it is an agent selling the property. Anyone can sell their own property without a Creci license, so in many cases an "assistant" of the owner will take you to the site, but the person who will do the contract with you is actually the owner - typical way the local developers get around hiring people with Creci licenses in Brazil.

I'm sure Dotty was about to mention that too
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  #104  
Old 17-04-2008, 11:47 AM
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Absolutely true - very important that the person you are dealing with on the ground is fully licensed. Of course this doesn't mean they will read the contracts or do any due diligence, it just means that if they want to do it and decide to do it, they are able to do the necessary research.

Also, keep in mind that this is only required when it is an agent selling the property. Anyone can sell their own property without a Creci license, so in many cases an "assistant" of the owner will take you to the site, but the person who will do the contract with you is actually the owner - typical way the local developers get around hiring people with Creci licenses in Brazil.

I'm sure Dotty was about to mention that too
If I was buying (which I am) I think would rather have my lawyer (which I am also doing) carry out or at least confirm the due diligence rather than an agent, whether accredited or not.
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  #105  
Old 17-04-2008, 12:58 PM
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If I was buying (which I am) I think would rather have my lawyer (which I am also doing) carry out or at least confirm the due diligence rather than an agent, whether accredited or not.

A word of advice Rob....make certain you specify to your brazilian lawyer exactly what his responsibilities are, step by step. Some lawyers here in Brazil are under the assumption that their fees are simply for making a contract of buy and sell, or promise of buy and sell, instead of doing all the due diligence required, such as making certain the land is free and clear, etc.

We ran into this problem years ago and afterwards discovered that it's not an uncommon problem here in Brazil. An agent is legally responsible for showing that the land or property is "free and clear" but in many cases when one hires a lawyer the agent assumes that the lawyer is going to do that, and vice-versa.
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  #106  
Old 17-04-2008, 01:06 PM
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A word of advice Rob....make certain you specify to your brazilian lawyer exactly what his responsibilities are, step by step. Some lawyers here in Brazil are under the assumption that their fees are simply for making a contract of buy and sell, or promise of buy and sell, instead of doing all the due diligence required, such as making certain the land is free and clear, etc.

We ran into this problem years ago and afterwards discovered that it's not an uncommon problem here in Brazil. An agent is legally responsible for showing that the land or property is "free and clear" but in many cases when one hires a lawyer the agent assumes that the lawyer is going to do that, and vice-versa.
Funny that since we sell a lot of property in Brazil we actually have ran into that problem before ...... but thanks anyway
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  #107  
Old 17-04-2008, 01:25 PM
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If I was buying (which I am) I think would rather have my lawyer (which I am also doing) carry out or at least confirm the due diligence rather than an agent, whether accredited or not.
Hehe I guess my sarcasm was too subtle.

Only ever use a lawyer not an agent to do DDR.
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  #108  
Old 17-04-2008, 04:27 PM
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Thats fine but first he/she need to know what a Due Dilligence is.1st world yes,3rd world something else!
Quote:
Originally Posted by robh View Post
If I was buying (which I am) I think would rather have my lawyer (which I am also doing) carry out or at least confirm the due diligence rather than an agent, whether accredited or not.
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  #109  
Old 17-04-2008, 04:32 PM
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Thats fine but first he/she need to know what a Due Dilligence is.1st world yes,3rd world something else!
Planning on investing in Rwanda?

According to the Human Development Index, Brasil is (albeit still in last place) a first world country.

Statistics - Human Development Reports (UNDP)

However you are quite right, it is vital that you understand what Due Diligence is and are able to carry out Due Diligence on your selected product in the country you are investing in. Either that or have someone who is capable of doing that for you.

What kind of Due Diligence would satisfy you with regards to purchasing in Brazil, Dotty, having been there ten years and made numerous investments, I'm sure you will happily be able to advise those here who still may have doubts.
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  #110  
Old 17-04-2008, 07:32 PM
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But thats just it!When you live in a city and you know what is here and what is going on(physical ongoing presence)you are far more aware of buying and selling.You build up strong connections with people.I am a foreigner living in Brasil. My neighbour close to our beach house is a lawyer and shes Brasilian and I will ask her if she knows what a Due Dilligence pack is and will get back to you on that . You are probably aware most imobiliarias in Brazil have lawyers attached or close at hand for advise in their offices.I have never used Due Dilligence and my investments are sound.Besides what good is a D.D pack to all those honest investors who lost out to developers without Brasilian experience.Would I be right in saying that most Brasilians would not and do not use a D.D pack/
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Originally Posted by JMBroad View Post
Planning on investing in Rwanda?

According to the Human Development Index, Brasil is (albeit still in last place) a first world country.

Statistics - Human Development Reports (UNDP)

However you are quite right, it is vital that you understand what Due Diligence is and are able to carry out Due Diligence on your selected product in the country you are investing in. Either that or have someone who is capable of doing that for you.

What kind of Due Diligence would satisfy you with regards to purchasing in Brazil, Dotty, having been there ten years and made numerous investments, I'm sure you will happily be able to advise those here who still may have doubts.
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