Real Estate - Purchase and Sale

In Florianópolis, some precautions are necessary before buying a property to avoid inconvenience or damage by the buyer:

Ask the seller of the property for the Negative Certificates from the Protest Registry Offices for the last five years. This will point out if he has protested titles;

Request from the seller the Clearance Certificates of Civil Distributors referring to the last ten years. This shows if the person who is selling the property has had his/her powers banned by the family, if he/she is a guardian or if there are other obstacles;

With the Clearance Certificates of the Federal Justice, in the period of ten years, verify if the current owner of the property has civil, criminal and fiscal actions and executions against him;

Request the Clearance Certificate of Municipal Taxes of the property. This document is issued by the city hall and indicates if there are debts in the IPTU payment;

Request the updated Vintenary Affiliation Certificate of the property. This document is issued by the Real Estate Registry Officer and reports all changes made to the registry in the last 20 years, indicating whether there is any encumbrance, debt or enforcement action on the intended property or if it is pledged. These expenses must be the responsibility of the owner/seller of the property, but an agreement may be reached between the parties for the division of expenses;

Check the current deed of the property and the previous ones, to know if there is any fraud among them, which could invalidate the acquisition, regardless of whether or not you use some type of real estate financing;

If the seller's representative is intermediating the negotiation through a power of attorney, the ideal is to request a copy of the document, go to the registry office where it was drawn up, check the book where it was registered and ask for an updated certificate of the power of attorney in question;

Check if the construction of the property has been registered in a notary's office, if the INSS contribution for the work has been collected and if the property is regularized at the local city hall, with an approved plan and occupancy;

In the case of an apartment, ask the building manager for a declaration of discharge of the condominium fees;

Check with some neighbors important details about the property: its legal situation and even about the condominium itself. It is worth checking all these details to make a smooth purchase.

Stay tuned, Procon indicates some irregularities committed by real estate sellers, which must be observed by the buyer before signing the contract:

Advertisements and advertisements without the incorporation registration number, as determined by § 3 of article 32, of law 4591/64. Other numbers are often misleadingly indicated in the Purchase and Sale Agreement, such as the land registry, the Condominium Convention registry or the registry protocol;

Sale of real estate before registration of the incorporation in the Real Estate Registry Office, in disagreement with art. 32 of Law 4.591/64;

Sale of mortgaged properties with financial agents, which characterizes fraud and prevents the buyer from exercising his right to register the Purchase and Sale Agreement;

Check that there are no changes in the building project, already approved by the City Hall, without the prior and express agreement of the interested parties;

Collection of monthly correction of installments, in disagreement with the law in force;

The insertion, in the Purchase and Sale Promise Agreement, with the intention of detaching it from Law 4.591/64, of non-regulated designations, such as Closed Price Regime, private area, total area and also, conflicting clauses with those of that law or written in such a way as to make it difficult to understand their meaning and scope.

Ownership Land

Acquiring land in Florianópolis has always been a fear of those who wanted to buy real estate in the city, but constitutional amendment No. Florianopolis. From this modification in the constitutional text, any person who owns land in Florianópolis, with or without a deed, with or without a purchase and sale agreement or who simply exercises possession of the land without any documentation, may request a Public Deed of the properties through an Action of adverse possession.

To help you search for your property, consult the Real estate in Florianopolis e Properties for sale in Florianopolis.