Practice area · São Paulo

Real estate lawyer in São Paulo, Brazil

Property is the largest asset most families hold, and the one that generates most litigation for want of a document. We work at both ends: preventing before signature, and resolving after the problem appears.

5,0 · 18 Google reviews
In short

In Brazil, whoever has not registered is not the owner — art. 1,245 of the Civil Code is blunt about it. Most property disputes start with a document left half-finished: a private purchase that never became a deed, a building never recorded, probate never opened, a subdivision never regularized. Fixing it later costs more than preventing it, but there is almost always a route.

What we handle

What we handle in real estate.

  • Safe purchase and saleReview of certificates, of the seller and of the property record before signature. The cheap moment to find problems.
  • Title regularizationDeed, registration, recording of buildings, boundary rectification and whatever the record is missing.
  • Adverse possessionLong possession turned into registered ownership, through the courts or at a notary office.
  • Leases and evictionContracts, security, eviction proceedings, rent recovery and rent review.
  • Business premisesCompulsory lease renewal within the statutory window, rent review and negotiation with the landlord.
  • Disputes with developersLate delivery, construction defects, improper charges and contract termination.
  • Financed property at riskDefence in the out-of-court enforcement of a fiduciary lien, before the auction happens.
  • REURB and land regularizationInformal urban settlements, land title grants and registration of the CRF on the property record.
What we learn as the cases arrive

Almost every dispute starts with a missing document.

The sequence repeats. Someone buys under a private contract and does not register, because at the time it looked like a detail. Years later the seller has died, the heirs are nowhere to be found, and the buyer discovers they are legally not the owner, even after a decade of paying property tax. There is a way out — specific performance, adverse possession, probate of the seller’s estate — but it costs whatever the lost years multiplied it by.

The second most common sequence involves incomplete registration. A house extended and never recorded, an area that does not match the record, a subdivision never regularized. The property works in practice and locks up when it is time to sell, finance or pass it on. That is when the problem surfaces — always at the worst possible moment.

So our work starts with the property record, not the contract. Reading an up-to-date record and the seller’s certificates answers, in an afternoon, questions that would otherwise cost years of litigation. Where the problem already exists, that same document is what determines which of the routes is viable.

Step by step

How we run the case.

  1. Reading the record and certificatesRegistry position, encumbrances, attachments and claims against the seller. The diagnosis that guides everything else.
  2. Choosing the routeDeed, specific performance, adverse possession, REURB or litigation: each situation has a shortest path.
  3. Documents and negotiationWe gather what is missing and negotiate with the other side where settlement beats proceedings.
  4. Court or notaryWe use the out-of-court route wherever it exists, and the courts when it is the only one available.
  5. Registration and deliveryThe matter ends only when the record reflects reality and the property is in the right name.
Before the meeting

What to bring to the first conversation.

Documents that speed up the review

An up-to-date property record answers half the questions. With that and the contract, we can tell you the same day what the route is and what it requires.

  • Up-to-date property record
  • Purchase, assignment or receipt
  • Deed, if one exists
  • Property tax bill and assessed value
  • ID documents of the parties
  • Evidence of time in possession or residence
  • Notices and correspondence exchanged
  • Approved plans and occupancy permit, if built

First review at no cost, with no obligation. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.

Social proof

What clients say on Google.

See on Google
5,0 · 18 reviews

“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. · Google

Real client reviews published on Google.

Who handles it

Who leads this area.

Letícia Marques
Letícia Marques

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 Marques
Frequently asked

Common questions.

When is it worth instructing a real estate lawyer in Brazil?

Before signing, whenever the amount involved matters — that is when the cost is lowest and the effect greatest. Afterwards, when a document is missing, there is a dispute with a developer, a tenant in arrears, long possession without title, or a financed property at risk. In any of these, the up-to-date property record is the first thing to read.

I bought under a private contract. Am I the owner?

Legally, no. Under art. 1,245 of the Civil Code, ownership of real property transfers on registration of the title at the property registry. The contract creates rights between the parties and is the starting point for regularizing — through deed and registration, specific performance or adverse possession, depending on the case.

Do you act for buyers, sellers, landlords and tenants?

Yes, in separate matters and with no conflict of interest. In a sale we can act for either side provided the other is not already a client. In leases we act both for owners and for retailers who need to protect their business premises.

What does a real estate lawyer cost?

It depends on the service. Document reviews and contracts carry a fixed fee, quoted before we start. Litigation is priced by complexity and amount at stake, with the option of a fixed component plus a success element. The first review is free of charge.

Can it be resolved without going to court?

In a good share of cases, yes. Deeds, recording of buildings, boundary rectification, out-of-court adverse possession, notarial probate and REURB are administrative routes that are usually faster and cheaper. We litigate when there is no alternative or the other side will not cooperate.

Do you act for clients outside Brazil?

Yes. Much of real estate work is documentary and runs remotely, and we act in English. Where filing at a registry in another jurisdiction or attending a hearing in person is required, we instruct and supervise local agents.

What is the situation with your property?

Send the property record and the contract, if you have them. We run the first read at no cost and tell you the shortest route for your case. We reply within one business day.

Message us on WhatsApp Go to Real Estate Law