Length of time for transfer of property

Discussion in 'Brazil Property' started by otis.beeps, May 4, 2010.

  1. otis.beeps

    otis.beeps New Member

    Is there a general or average length of time for transfer and issuance of title to take place when purchasing beachfront property in Brazil?
  2. JMBroad

    JMBroad New Member

    Same as any other property I would imagine - once the legalities are all done it is simply a case of booking a time to exchange title deeds. The time it can take to set up that appointment will vary depending on where you are buying the plot of land - central Ipanema beach in Rio you may take quite a long time to get an appointment with a notary as I'd imagine it's busier than (for example) buying a plot of land out in the back of beyond in Cajueiro (tiny village in RN state) where you can probably get it done overnight.
  3. mikesmith

    mikesmith New Member

    For title transfer of beachfront properties in Brazil(at least in Natal) you need to first pay the marine tax(laudemio) through the Patrimonio da Uniao(marine department)The tax is generally 5% and is based on the property evaluation of the local prefecture.You can get this tax slip(DARF) on-line at the official site;spu.com.br.
    After paying(at Banco do Brasil) you must wait around 7-10days before you receive a declaration(c.a.t)from the same site.With this and all the other documents you then go to the notary to have the deed prepared.
    After the deed is signed and publicly registered you must then return to the marine department with your documents and fill out a form for registering the transfer of ownership.This takes around 60days as the paperwork needs to be approved/stamped in Brasilia now.
    So in answer to your question it takes around 3months(and alot of legwork!) to get the title of a beachfront property correctly transferred.

    There are other possible complications but this is the best case scenario!

    Mike Smith
  4. JMBroad

    JMBroad New Member

    It all depends on where you are starting from. If you start from "stepping off the plane" you can take several years before you have transferred the title into your name, depending on what you are buying, who you are buying it from and what state the title deeds of the plot is - the further you get away from a city centre the more likely the paperwork will not be in order, or there may be complications with regards to the title deeds.

    If you are starting from having all the paperwork in order (including the laudemio) which is what I was assuming, then as I mentioned you may be able to do it almost overnight or it may take some weeks - all depends on the availability of local authorities.

    If you give us an idea of where the plot is located in Brazil and at what stage you are of the negotiations/purchase then perhaps we could give you a better idea.
  5. otis.beeps

    otis.beeps New Member

    Thank you for your responses. The process is at the maritime stage on Itamaraca. I am in the US and a little freaked out about how long it has taken so far especially after reading Debzor's remarks about if foreigners can legally own beachfront property in Brazil. I immediately thought "Oh My God"!! He is talking about my house, but probably not. Thanks again.
  6. JMBroad

    JMBroad New Member

    Have you done the due diligence on the land to ensure that the person you are talking to is actually the owner of the land, that there are registered title deeds, that there are no encumbrances on the land -like laudêmio - (or if there were that you have paid them), etc, etc and if you have, have you already signed a Private Purchase Contract with the owner and paid the money to their bank account and did you register the PPC with the land registry?

    If you have done all of the above (with the "etc etc" meaning all legal checks on the land) then it should be a simple matter of scheduling a time to transfer the title deeds into your name and shouldn't take long at all. It is an easy and simple process.

    I've heard a number of excuses before, from "the notary died" to "the notary retired and they haven't found a replacement yet" but in general these seemed to be more excuses than anything else.

    If it is really taking far too long there may be an issue you need to deal with personally.
  7. debzor

    debzor New Member

    Sorry if I freaked you, but the question I raised was fully answered in that thread. Foreigners can own beach property with the delegated approval of the President...

    The answer to your question,put simply, is it takes much longer to register a property located on marina land (like on the beach), than one that is located elsewhere.
  8. otis.beeps

    otis.beeps New Member

    Thank you all for your responses. I understand that there have been some complications and delays with the maritime office in the area. Hopefully soon, I will own a beach house on Itamaraca.
  9. Matida Fernandes

    Matida Fernandes New Member

    I have a client with a delay too. I went to SPU (marine) yesterday and they are on strike, apparently everywhere in Brazil and with no date to return working, so you could expect an extra delay because of that.
    In what stage of your paper work is at the marine? If you have the document called C.A.T. already issued and the proper Public Deeds registered within the local “Cartório” you should encounter no problems.
  10. otis.beeps

    otis.beeps New Member

    Has the strike ended yet?
  11. mikesmith

    mikesmith New Member

    Still ongoing I`m afraid Otis.
    50days and counting......

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