Compulsory property adjudication
You paid for the property but the seller will not sign the deed — or vanished, died, or the developer will not deliver the title? Compulsory adjudication is the route to obtain the transfer when the seller does not grant the deed.
5,0 · 18 Google reviewsCompulsory adjudication is the action (and, today, also the extrajudicial procedure) that compels a seller to grant the deed once the price has been paid. It serves cases where the seller refuses, vanished or died, or the developer will not deliver the title — substituting a decision for their consent.
When adjudication applies.
- Seller who will not transferYou paid in full but the seller refuses to grant the final deed.
- Seller missing or deceasedThere is no one to sign — the judicial route supplies the transfer.
- Developer not delivering titleProperty paid off with the developer, with no deed granted.
- Paid purchase agreementThere is a contract and proof of full payment, but registration is missing.
- Assignment of rightsA chain of "gaveta" assignments to be consolidated in your name.
- Extrajudicial routeWith the required documents, notices and legal assistance, an application can be made to the Real Estate Registry; the seller's refusal does not by itself rule out this route.
How it works.
- Contract and payment reviewWe check the purchase agreement and proof of full payment.
- Notice and right routeWe notify the seller and choose the route — extrajudicial (Real Estate Registry) or court.
- Adjudication requestWe file the request with the documents that supply the deed.
- Registration in your nameWith the decision/title, we register the transfer on the property record.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleEnglish translations of real client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesCommon questions.
What is compulsory adjudication?
It is the means to compel a seller (who received payment) to transfer ownership. When the deed is not granted voluntarily, a court decision — or the extrajudicial procedure — substitutes for the seller's consent and allows registration in your name.
Do I need a registered contract to adjudicate?
Not necessarily. STJ Precedent 239 waives prior registration of the agreement for the right to adjudication. The purchase agreement, full payment and all other requirements must be proved, including an enforceable obligation to transfer. Waiving prior registration does not remove the need to examine the contractual chain and property record.
Can it be done without a lawsuit?
Yes, if article 216-B of the Public Records Law and CNJ rules are met, with a lawyer, documentation and notices. The Real Estate Registry handles the request; the seller's express agreement is not required, and any objection is assessed under the procedural rules. Timing and viability depend on the case.
What if the seller died?
The seller's death does not prevent an assessment of adjudication. The estate's representative or relevant successors must be identified according to the succession stage, and the transfer requirements proved. Completion of the seller's probate should not always be assumed to be a prerequisite.
Paid but have no deed?
Send the contract and proof of payment on WhatsApp. We assess whether adjudication applies and the appropriate route for the documents and circumstances.