A Brazilian real estate lawyer protects foreigners who buy, sell or own property in Brazil. We check the title and the seller before you pay. We also handle the CPF, the power of attorney and the deed until the registration makes you the owner. You can do everything from abroad, with service in English.
Buying property in Brazil? Have it checked before you pay
Due diligence, contract, deed and registration, with service in English and remote signing. Written fee proposal; payment via Wise or to a U.S.-based bank account.
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Buying property in Brazil as a foreigner: what a lawyer checks
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Do I need a Brazilian real estate lawyer to buy property?
The law does not require one, but the notary only checks the documents presented at closing. A lawyer checks the property, the seller and the debts before you sign or pay. In Brazil, ownership only passes when the real estate registry records the deed (Civil Code, art. 1,245).
That is why most problems start before the deed. For example, a seller with lawsuits, an unregistered heir or unpaid condominium fees can affect the buyer. Our work is to find these risks while you can still negotiate or walk away.
Can a foreigner buy property in Brazil?
Yes. Foreigners, whether they live in Brazil or not, can buy urban property such as apartments and houses. You only need a Brazilian taxpayer number (CPF), which is free at Brazilian consulates. However, rural land, border areas and some beachfront properties follow special rules.
What does a Brazilian real estate lawyer check before you sign?
We start with the updated property registration (matrícula), which shows the owners, liens and court notes recorded on the property. Since 2015, the law gives priority to what the matrícula shows (Law 13,097/2015, art. 54). Then we check the seller, the taxes and the condominium.
The condominium point matters: the buyer becomes liable for the seller’s unpaid condominium fees (Civil Code, art. 1,345). In addition, a married seller needs the spouse’s signature or consent (Civil Code, art. 1,647, I). The only exception is complete separation of property.
Found a property? Send us the listing or the matrícula before any deposit.
How does closing work in Brazil?
Closing happens in three steps. First, a notary signs the public deed. The law requires it for property worth more than 30 minimum wages (Civil Code, art. 108). Then you pay the municipal transfer tax (ITBI), whose rate each city sets (Federal Constitution, art. 156, II). Finally, the registry records the deed.
Registration is the step many foreigners miss. Until the registry records the deed, the property still belongs to the seller (Civil Code, art. 1,245). Therefore, we follow the process until the new matrícula shows your name.
Can I buy property in Brazil without traveling?
Yes. You can sign a power of attorney in your country with an apostille (Decree 8,660/2016). In Brazil, a sworn translator then translates it. Alternatively, you can sign the deed by video conference through e-Notariado, the notaries’ digital platform (CNJ Provision 149/2023).
The power of attorney is usually more practical when there are several steps. For example, someone may need to open a bank account or receive documents. The video conference, on the other hand, avoids giving powers to a third party. We help you choose the safest option for your case.
How do I send money to Brazil to buy property?
The money enters Brazil through an exchange contract with a bank or broker authorized by the Central Bank (Law 14,286/2021). Keep the exchange contract together with the deed. Together, they prove the origin of the funds and support a future transfer back abroad when you sell.
Buying through a Brazilian company changes the rules. For example, the company must then register the foreign investment with the Central Bank. We compare both options before you decide, since the choice also affects taxes and inheritance.
Free tool · foreign buyer checklist
What do you need to buy property in Brazil?
Answer four questions and get your personalized checklist right away, with the legal basis for each item.
General guidance based on Brazilian law. It does not replace the analysis of your case.
What taxes apply when you own, rent or sell?
While you own the property, you pay the annual municipal property tax (IPTU) and condominium fees. Rent paid to a non-resident has withholding tax, usually at 15% (Normative Instruction 208/2002, art. 42). When you sell, the tax is on the capital gain.
For non-residents, the rate is 15% on the gain up to R$ 5 million. The buyer withholds it (Law 10,833/2003, art. 26). The exemptions available to Brazilian residents do not apply (Normative Instruction 208/2002, art. 26, § 5). The Federal Revenue summarizes these rules on its non-resident taxation page.
If you cannot prove what you paid for the property, the Federal Revenue considers the acquisition cost to be zero, and the tax on a future sale falls on the full price (Normative Instruction 208/2002, art. 26, § 4).
Can you help me sell or inherit property in Brazil?
Yes. As your Brazilian real estate lawyer, we also help after the purchase. If you sell from abroad, we handle the power of attorney, the tax calculation and the transfer of the money. Our Portuguese guide explains the process step by step: selling property in Brazil while living abroad.
If you inherited property in Brazil, it must go through a Brazilian probate (inventário), even if the heirs live abroad. See our page on inheritance and asset protection in Brazil for foreigners.
Are you a U.S. attorney? We can also handle the Brazilian side of your client’s case: see our page for U.S. law firms working with a Brazilian law firm.
Free assessment · 4 questions
What is your next step with property in Brazil?
Answer below and see your next step right away. Then receive the full checklist on WhatsApp.
1. What do you need?
2. Where do you live?
3. Where are you in the process?
4. Do you have the property registration number (matrícula)?
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Frequently asked questions about buying property in Brazil
Do I need a lawyer to buy property in Brazil?
The law does not require one, but the notary only checks the documents presented at closing. A Brazilian real estate lawyer reviews the title, the seller and the debts before you sign or pay. The lawyer also follows the deed and the registration that make you the owner (Civil Code, art. 1,245).
Can a foreigner buy property in Brazil?
Yes. Foreigners, resident or not, can buy urban property such as apartments and houses with a Brazilian taxpayer number (CPF). Rural land is different. Only foreigners residing in Brazil and authorized foreign companies may buy it, within legal limits (Law 5,709/1971, art. 1).
Can I buy property in Brazil without traveling?
Yes. You can sign a power of attorney in your country, with an apostille (Decree 8,660/2016) and a sworn translation. You can also take part in the deed by video conference on e-Notariado, the notaries’ platform (CNJ Provision 149/2023).
How do I get a CPF as a foreigner?
Foreigners living abroad fill in the Federal Revenue form online. Then they complete the process at a Brazilian consulate, free of charge. You need the CPF to sign the deed, pay the transfer tax and register the property.
What taxes do I pay when buying property in Brazil?
The main one is the municipal transfer tax (ITBI), and each city sets its rate (Federal Constitution, art. 156, II). There are also notary and registry fees. Beachfront property on federal land may also require a 5% transfer fee called laudêmio (Decree-Law 2,398/1987, art. 3).
How do I send money to Brazil to buy property?
Through an exchange contract with a bank or broker authorized by the Central Bank of Brazil (Law 14,286/2021). Keep the exchange contract and the deed. They prove the origin of the funds and help when you send the money back abroad.
Do I pay tax in Brazil if I sell the property later?
Yes. A non-resident pays 15% on the capital gain up to R$ 5 million. The exemptions available to residents do not apply (Federal Revenue Normative Instruction 208/2002, art. 26, § 5). The buyer, or your attorney-in-fact, withholds the tax (Law 10,833/2003, art. 26).
Can I rent out my property in Brazil while living abroad?
Yes. Rent paid to a non-resident is subject to withholding tax, usually at 15% (Federal Revenue Normative Instruction 208/2002, art. 42). An attorney-in-fact in Brazil can sign the lease and pay the tax, and a property manager can handle daily matters.
Do you speak English?
Yes. Our bilingual case coordinator assists you in English at every step: video calls, email and WhatsApp. Contracts and deeds in Brazil are in Portuguese, and we explain each clause to you before you sign.
How do fees work?
You receive a written fee proposal for your case before any payment. You can pay in U.S. dollars through Wise or to a U.S.-based bank account. We follow the ethics rules of the Brazilian Bar Association.
What our clients say
Verified Google reviews
Translated from Portuguese, except Geir Holler’s review, written in English. Originals are on our Google profile.
“Great service, very responsible and professional assistance. Marcello Benevides Legal Advice were my lawyers during acquisition of a penthouse apartment in Rio. They assisted me with all aspects of the due diligence, final negotiation, contracting and registration of the apartment. I felt very reassured well taken care of in the entire process. My very best recommendations.”
Geir Holler
“Great firm. Excellent and efficient professionals. I received all the legal assistance I needed, especially in my case, since I am outside Brazil, and my case was successfully concluded. Special thanks to Felipe, who followed my case with attention and replied promptly.”
Andrey Guerra
“I had a problem buying a property and looked for a lawyer to advise me. Thank God I found Dr. Felipe, who took on my case with outstanding skill and professionalism. We were able to buy the property safely thanks to Dr. Felipe. Highly recommended.”
Daniel Breuer
“I found Dr. Marcello just by searching the internet. I needed his help in two real estate matters involving inherited properties that had to be regularized and vacated, and he and Dr. Maria Helena handled them masterfully. Very happy with the result; it took a while, but I know that was due to court bureaucracy.”
Alex Brittes
“Around February 2022, I hired the firm to terminate a property purchase contract. It seemed simple at first, but it turned out to be more complex. Even so, the firm handled it quickly and always gave feedback on every important update. Congratulations to Dr. Marcello and the whole team.”
Cláudio Márzio
“I was assisted by Dr. Felipe Guerra and I am very grateful! He helped me and answered all my questions brilliantly. I was able to regularize my property quickly and always with great support.”
Renata Condé
Your property in Brazil, checked before you pay
Send us the property or your question. We reply in English with the next steps and a written fee proposal.
About the author
Marcello Benevides
Attorney · OAB/RJ 143.711 · Founding partner
More than 20 years of practice in estates, holdings and asset protection, including real estate transactions for clients in Brazil and abroad. MBA in Holding and Corporate Planning (EBPÓS) and graduate studies in Business Law (AVM/Cândido Mendes). Member of IBDFAM.
Leia em português: cuidados ao comprar um imóvel no Brasil
