Lawyer against developers in São Paulo
We turn years of possession into a registered title — claim against the developer (usucapião), judicial or at a notary office, from gathering evidence to registration. In person on Av. Paulista or remotely, anywhere in Brazil.
5,0 · 18 Google reviewsWhen to take action against a developer.
Not every dispute with a developer is about delay. These are the cases that most often reach the firm — and what can be claimed in each.
Late handover of keys
Once the contractual grace period has passed, the buyer chooses between keeping the contract and being compensated for the delay, or unwinding the deal with a full, inflation-adjusted refund and no retention. Brazil's Superior Court has held that the loss is presumed — no proof of financial harm is required.
Construction defects
Damp, structural cracks, finishes departing from the specification, floor area smaller than contracted. The buyer may demand repair, a price reduction or termination. Time limits differ for apparent defects and for hidden defects, which surface only with use.
Improper charges
Advisory fees, brokerage commission charged without prior disclosure, condominium dues billed before handover, index adjustments applied outside the agreed terms. These amounts are frequently recoverable.
Termination and refunds
Where the buyer withdraws, Brazilian law caps what the developer may retain. Where withdrawal follows the developer's fault, the logic reverses: the refund is full, adjusted and without deduction.
Abusive clauses
Clauses providing disproportionate retention, tying handover to mortgage approval, imposing a distant forum or limiting the right to complain tend to be set aside under Brazil's Consumer Protection Code.
How we handle the case.
1. Reading the contract before making promises
That is where the answer lies: delivery date, grace clause, the penalty's calculation base, the adjustment index and termination scenarios. Only after that reading can anyone say what the case is worth.
2. Calculating what is owed
We establish the compensable period, the amounts paid, any rent evidenced and the questionable charges. You receive a reasoned figure, not a vague estimate. The construction delay calculator gives the first order of magnitude.
3. Formal notice
Before litigation, we serve formal notice setting out the calculation and the legal basis. A good share of cases settle at this stage — faster and without the risk of costs. If not, the notice has already organised the evidence.
4. Court action where necessary
Absent a reasonable settlement, we file suit grounded in the precedents already settled by Brazil's Superior Court, and see it through to enforcement.
Contract and amendments · proof of every payment, with dates · postponement notices · emails and messages with the developer · lease agreement for the period, if any · photographs of the unit at handover.
Claim against the developer (usucapião) lets you acquire ownership of a property through prolonged, continuous and unopposed possession. Where there is no dispute, it can be recognised directly at a notary office (art. 216-A, Law 6.015/1973), with no lawsuit. We handle both routes — and the paperwork that usually stalls the request.
When claim against the developer solves it.
- Property without a deedYou bought via a "gaveta" contract, the seller vanished and the property was never put in your name.
- Long possession, no titleYou have used the property for years, pay property tax and made improvements, but are not the registered owner.
- Stuck inheritanceYou received the property from the family, but the title is still in a long-deceased owner’s name.
- Extrajudicial routeThere is consensus and documentation — it can be recognised at a notary office, without a lawsuit.
- Judicial routeThere is disagreement, a neighbour who will not sign or missing documents — we run the lawsuit to judgment.
- Specific typesExtraordinary, ordinary, special urban, rural and family — we identify the one that fits your case.
Find out if you have a right.
Adverse Possession Check
In 2 minutes our check indicates whether you may be entitled to claim against the developer and which type applies — no obligation.
Check my rightHow it works.
- Possession analysisWe assess the time, nature and evidence of possession and define the type and route (notary or court).
- Documents and notarial deedWe gather certificates, survey and the notarial deed proving possession.
- Neighbours and filingWe obtain the neighbours’ consent and file at the notary office or in court.
- RegistrationWe follow through until ownership is recognised and registered in your name.
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. · GoogleReal 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.
How long must I have possessed to qualify?
It depends on the type: from 2 years (family) to 15 years (extraordinary), reduced to 5 or 10 with residence, improvements or just title. We assess your case and indicate the applicable type.
Can it be done at a notary office, without a lawsuit?
Yes. Since 2015, where there is no conflict and the documents are complete, extrajudicial claim against the developer runs at the property registry with a notarial deed and the neighbours’ consent — usually faster than court.
I bought via a "gaveta" contract. Does this help?
Often, yes. Without registration you are not the legal owner (art. 1.245, Civil Code). Claim against the developer is one route; in other cases specific performance or a deed and registration apply. We assess which fits.
Do you serve clients outside São Paulo?
Yes — remotely, across Brazil. The proceeding runs where the property is located, and we handle it at a distance, keeping you informed.
How long have you held the property?
Run the free check or talk now with the partner in charge. We reply within one business day.