WhatsApp

Real estate · SPD Advocacia

Living abroad and own property in Brazil? We draft the power of attorney and handle the deed, the lease and regularization

The firm checks the property record and certificates, calculates the tax before the deed and handles the sale, purchase, lease and regularization of your property in Brazil, while you are abroad.

Deed by power of attorneyAttorney-client confidentialityReplies on WhatsApp
Tell us about my caseSend documents

How can someone living abroad sell, buy or rent property in Brazil?

Buying and selling property worth more than thirty minimum wages requires a public deed (Civil Code, art. 108). Those living abroad can sign through an attorney-in-fact, with a public power of attorney granted at the consulate, through e-Notariado or before a foreign notary with apostille and sworn translation. On e-Notariado, created by CNJ Provision 100/2020, the act is done by video call with the Brazilian notary.

When a non-resident sells, capital gains follow the same rules that apply to residents (Law 9.249/1995, art. 18). The difference lies in the collection: the buyer resident in Brazil is responsible for withholding and paying the tax. If the buyer also lives abroad, the responsibility falls on the buyer's attorney-in-fact (Law 10.833/2003, art. 26). That is why the calculation must be done before the deed.

For rentals, the tenant or the agency must know the owner lives abroad, because a non-resident's income becomes subject to withholding tax. If the tenant does not pay, the eviction action can be combined with collection of the rent (Law 8.245/1991, arts. 9, III, and 62). Property with a pending deed, an inheritance without probate or long-standing possession without registration needs regularization before the sale.

What the law says

Key points

Public deed

Required for property above thirty minimum wages and can be signed by an attorney-in-fact.

Tax on the sale

A non-resident's gain follows the rules for residents, with withholding and payment by the buyer.

Rent in arrears

Eviction for non-payment can be combined with collection of the rent.

e-Notariado

Notarial acts can be done by video call, with a digital signature.

Sources: Civil Code, art. 108; Law 9.249/1995, art. 18; Law 10.833/2003, art. 26; Decree 9.580/2018, art. 14; Law 8.245/1991 (Tenancy Law), arts. 5, 9, 59 and 62; CNJ Provision 100/2020; Brazilian Notarial College (e-Notariado).

What is your case?

Situations the firm handles

Deed

Sale or purchase through an attorney-in-fact

We draft the power of attorney and follow the sale or purchase deed signed by your attorney-in-fact.

Civil Code, art. 108
Certificates

Check of the property record and certificates

We check the property record, the certificates and the property's debts before any payment or signature.

See page
Tax

Capital gains calculation

We calculate the tax on the gain before the deed and set out the buyer's withholding in the deal.

Law 10.833/2003, art. 26
Rental

Lease, collection and eviction

We draft the lease and, if the tenant does not pay, we send notice and file the eviction and collection action.

Law 8.245/1991, art. 62
Regularization

Probate or adverse possession

Probate with an heir abroad or adverse possession, depending on the documents, so the property can be sold.

See page
Debts

Overdue condominium fees and property tax

Negotiation of debts with the condominium and the city, or defense in the collection, to clear the sale.

Case analysis
This page provides general information, does not replace an analysis of the case and does not guarantee results.

Step by step

How the firm works

  1. Request. You tell us about the case and send the documents through the form on this page.
  2. Proposal. We send in writing what will be done and the fees, before any engagement.
  3. Contract. You sign the contract and the power of attorney electronically, wherever you are.
  4. Delivery. We deliver the signed deed, the lease or the filed lawsuit, depending on the service engaged, with updates on WhatsApp.
5,000+ cases handledTen years in practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case analysis

Let's analyze your case

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 on WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Do I need to come to Brazil to sell my property?

No. The deed can be signed by an attorney-in-fact, with a public power of attorney granted at the consulate, through e-Notariado or before a foreign notary with apostille and sworn translation, when in another language.

What exactly do you deliver?

The drafted power of attorney, the check of the property record and certificates, the tax calculation before the deed, the sale or purchase deed through an attorney-in-fact, the lease, collection and eviction, probate or adverse possession, and the negotiation of condominium fees and property tax.

Who pays the tax on the sale if I live abroad?

The tax is on your gain, but the law makes the buyer resident in Brazil responsible for withholding and paying it. If the buyer also lives abroad, the responsibility falls on the buyer's attorney-in-fact.

The tenant stopped paying. Can I collect from abroad?

Yes. The firm sends notice, collects and, if needed, files eviction and collection in the same action, without you having to come to Brazil.

The property is in the name of someone who has died. Can it be sold?

Probate must be done first. Heirs living abroad take part through a power of attorney, and the firm handles probate in Brazil.

How much does it cost?

After the analysis, the firm sends a written fee proposal, before any engagement. Court costs, notary, consulate and translation fees and property taxes are paid separately, to whoever charges them.

Lawyer for property in Brazil owned by those living abroad

SPD Advocacia drafts the power of attorney, checks the property record and certificates, calculates the tax on the sale and handles the deed, lease, eviction, probate, adverse possession and condominium and property tax debts for property in Brazil owned by those living abroad.

Countries with an agreement

How payment works

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →