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Deed and compulsory title transfer · SPD Advocacia

Paid for the property and don't have the deed? Get it registered in your name

Unregistered private contract, a seller who disappeared, died or refuses to sign, a builder that does not issue the deed, and unregistered property.

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Straight answer

What to do when the seller won't transfer the deed?

Anyone with a fully paid purchase and sale agreement can demand the final deed. If the seller refuses, has disappeared or has died, compulsory adjudication is available, transferring the property to the buyer. Since 2022, it can also be done at the property registry office, without a lawsuit, with a lawyer. According to the STJ, the request does not depend on the contract being registered. When there are not enough documents, adverse possession (usucapião) may be the way.

What the law says

Key points

Paid-off contract

Fully paid purchase and sale agreement.

Refusal or absence

A seller who won't sign, has disappeared or has died.

Notary

Out-of-court compulsory transfer, with a lawyer.

Not registered

The contract does not need to be registered, according to the STJ.

Source: Civil Code, arts. 1,417 and 1,418; Law 6,015/1973, art. 216-B; STJ Precedent 239.

What is your case?

Situations the firm handles

Seller has disappeared

Whereabouts unknown

Compulsory transfer with notice by public notice.

Law 6,015/1973, art. 216-B
Seller has died

Heirs

Claim against the estate or the heirs.

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Builder

Deed not granted

Compulsory transfer and compensation for the delay.

Civil Code, art. 1,418
Unregistered private contract

Successive assignments

Regularization of the chain of contracts.

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At the notary

No court case

Faster out-of-court procedure.

Law 6,015/1973, art. 216-B
No documents

Long-standing possession

Adverse possession as an alternative.

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This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

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  1. Review. We review the documents and the best path, administrative or judicial.
  2. Documents. We tell you what is missing and organize the evidence.
  3. Request. Request, notice or lawsuit, with an urgent request when appropriate.
  4. Follow-up. Progress through to resolution, with updates via WhatsApp.
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Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Is a lawsuit needed?

Not always. Since Law 14,382/2022, it can be done at the real estate registry notary office (cartório).

What if I don't have all the receipts?

Other proof of payment can be used. If it is lacking, adverse possession (usucapião) may be an alternative.

Who pays the ITBI?

As a rule, the buyer, upon transfer into their name.

Does the contract need to be registered?

No, according to STJ Precedent 239.

Do you serve clients from other states?

Yes. The firm is based in Anápolis-GO and serves clients from every state online.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.