Practice area · São Paulo

Real estate lawyer in São Paulo, Brazil

Local legal assistance for title regularization, leases, possession and property disputes in São Paulo. For a purchase still being negotiated, we have a dedicated contract and due diligence service.

5,0 · 18 Google reviews
In short

For an inter vivos property sale in Brazil, ownership passes through registration of the title under Civil Code art. 1,245. Inheritance and adverse possession have distinct acquisition rules, although updating the register remains important. 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.

  • Title regularizationDeed, registration, recording of buildings, boundary rectification and whatever the record is missing.
  • Adverse possessionPossession meeting the legal requirements, recognized through the courts or the Land Registry; time alone is insufficient.
  • 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.
  • Property purchaseIf you are about to buy, go directly to our purchase agreement and due diligence service.
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 may be a way forward — 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 helps answer 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. Two of those routes have a page of their own: the property purchase agreement, while the deal is still being put together, and repossession, where unlawful dispossession has occurred, even if there was a contract.

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: we assess the appropriate route against the requirements and risks.
  3. Documents and negotiationWe gather what is missing and negotiate with the other side where settlement beats proceedings.
  4. Court or registry/notarial routeWe use the out-of-court route wherever it exists, and the courts when it is the only one available.
  5. Registration and deliveryFor title regularization, we follow registration of an admissible title and any registry requirements, without guaranteeing approval.
Before the meeting

What to bring to the first conversation.

Documents that speed up the review

The current property record and contract guide the initial review. The route and any additional documents depend on the circumstances and complexity.

  • 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 of the case and a written proposal before any step is taken. 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

English translations of 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?

A private agreement alone does not transfer ownership in an inter vivos sale: Civil Code art. 1,245 requires registration of the title. It may create rights between the parties and support regularization by deed and registration, compulsory conveyance or another available route. Adverse possession has its own requirements, and inheritance has a distinct acquisition rule.

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?

Fees depend on the service. Document reviews and contracts may carry a fixed fee quoted beforehand; litigation is assessed by complexity and amount at stake, with a possible fixed and success-based component. A written proposal follows the case review, with the OAB/SP fee schedule used as the minimum reference.

Can it be resolved without going to court?

It may be possible if the requirements are met. Deeds, building records, boundary rectification, adverse possession at the Land Registry, notarial probate and REURB have their own conditions. Costs and duration vary. Lack of cooperation does not always rule out an out-of-court route; the choice depends on the requirements and dispute.

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 and assess the appropriate route for your case. Please check appointment availability.

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