property deed 22 Jun, 2021

Scripture: what it is, what is the importance and how to do it

The negotiation that involves the purchase and sale of the property is much more than just the two parties signing a contract. The deed of the property, for example, is extremely important on this occasion. In order for the entire process to be completed, it is essential that the parties have made a public deed of purchase and sale in a notary’s office of securities and notes. However, before making any investment, the buyer must demand the updated registration of the property to analyze the situation in which the property is and to verify that there is nothing that makes the property registration impossible.

Plenty to understand and worry about, right? But do not worry! In this article, we will explain everything about one of the most important documents in the process of buying and selling real estate, which is the deed.

Find out more about what it is, what it is for and the importance of this document.

What is a property deed?

The deed is a document that is issued in the same size as a sheet of legal paper, has the letterhead, in addition to the symbol of the Federative Republic of Brazil. But much more important than that, it is a notary document, which transfers a real estate asset from one person to another. On its first page, this document has the drawing, the history of the land and also of the property. On the second page is the most important part: the record.

Nowadays, there are several types of deeds related to real estate, such as buying and selling; Donation; friendly division of land; exchange; inventories and shares.

It is worth noting that the deed is seen as a fundamental component for the validity of some legal transactions, without which it is not possible for them to be dealt with. The provision of the Civil Code in its article 108 says: “Public deed is essential to the validity of legal transactions that aim at the constitution, transfer, modification or waiver of real rights over properties over thirty times the highest minimum wage in force in the country. .”

Who is the competent professional to write a public deed?

A public deed can only be made in a Notary Public, known as “notary”, in the presence of the notary, who has public faith and needs to pass a contest of evidence and titles, in addition to meeting the other legal requirements to be able to exercise the authority. occupation.

It is necessary to point out that the deed of the property can be made in any notary in Brazil, but its registration, however, must be done only in the city where the property is located.

For example: if there is a sale of land located in BH / MG, but the buyer and seller reside in Uberaba / MG, it is entirely possible that the deed of purchase and sale will be carried out in a Uberaba notary office, however, once done, the registration of the deed must be carried out in a real estate registry office in BH, considering that the property is located in this city.

What costs are involved in obtaining the deed?

In the process of buying a property, many people believe that the amount to be disbursed is only related to the cost of the property and are not planned for others to come to regularize the acquisition of the property.

If there is nothing to prevent the formulation of the deed, the purchase and sale process continues and it is necessary to be prepared for other expenses that will arise. There are some costs involved in the process that need to be included in your financial planning, as they can impact your monthly budget. See what they are:

Notary Fees

In order to obtain the deed, there are two primary fees to be paid, one for the Notary Public Office and another for the Real Estate Registry Office. The registration fee is low, whereas the deed is higher and varies according to the municipality where the property is located.

This rate is defined by the State Judiciary and is calculated based on the property’s market value, that is, the value estimated by the government, considering the information contained in the Property Registry. The value for the issuance of the deed will then be equivalent to 2% or 3% of that amount. To know exactly, it is necessary to consult the current table of your state and also to obtain information about the value of the properties with the city hall.

ITBI

There is also the ITBI (Property Transfer Tax), which is a value due to the municipality of the municipality where the property is located. This tax needs to be paid as soon as the property is acquired, and the purchase and sale process is only made official through payment.

This tax varies between 2% and 3% of the property’s market value. The issuance of the payment slip and the rules also vary according to the municipality. In BH, for example, the rate is 3% and the guide is issued by the city hall website, making it necessary to have the CPF in hand.

Therefore, it is recommended to seek the assistance of the city hall to have more accurate information, such as the payment deadline and the possibility of a payment in installments, which is available in some cities.

Even so, the deed can be obtained without payment from ITBI. However, registration is only possible upon proof of payment of the tax, that is, it ends up being a mandatory cost. Another fundamental point, although little known, is that some owners may fall into a category that receives a 50% discount on the deed and registration fees. This is the case for those who purchase their first residential property. However, in view of this, there is a maximum limit on the value of the asset acquired. This information must be verified at the registry offices of the municipality where the property is located.

On this front, it is also worth mentioning that the city has the power to challenge the informed value of the property, in case of differentiation, regardless of the will of the parties.

For example a notary public requests the ITBI guide for city A, stating that land B has been sold and purchased for R $ 500,000.00. The municipality, in turn, will check the property’s specifications in its system and, if there is an agreement, it will issue the payment slip.

Otherwise, if it is understood that the value does not correspond to the price of the real estate market, you can increase it and, in this case, the ITBI will be issued based on the value given by the city.

What is the difference between deed and registration of the property in practice?

Pretend that you purchased a property, formalized the deed in a notary, but did not have the concern to register the property. Then you moved to the new location and, a few months later, someone knocks on your door and says that you are the new owner of the property. Unfortunately, if this undesirable visit registered your deed in the registration of the property, you will have a big headache, since, judicially, you were never the owner of the property.

The deed is valid only for the purchase and sale transaction. What really transfers ownership is the registration of this deed in the Real Estate Registry Office.

What are the risks of not writing and registering property?

There are serious risks for those who do not opt ​​for the deed and registration of the property, since (1) the seller may die at any time and the property will go into inventory; (2) may be pledged in court; (3) the seller may sell the same property several times, since there is no record of sale in the property’s registration.

How and for how long does the deed last?

Due to its importance, the deed of real estate must be filed permanently, as it ensures ownership of the property. In the case of a property recently purchased, it is also worth storing the purchase and sale proposal, the contract and all the proof of settlement until the moment of registration of the deed and drawing up.

Preferably, keep documents in a safe place, away from excess moisture and heat, and, if possible, in plastic packaging to insulate the papers and keep them safe from the action of time and insects.

What is the procedure for issuing a property deed?

The first step is to go to a notary public to request a budget (if you wish) and the essential documentation for the preparation of the public deed. If you choose to make the budget, have the value of the property at hand.

The list of documents that must be presented does not vary much between notary offices and the following are usually requested:

Seller documents (individual)

Married

– Spouses identity and CPF;

– Updated marriage certificate;

– Registered prenuptial agreement (or public deed, if not yet registered);

– Profession and full address.

Not married

– Identity and CPF;

– Updated birth certificate;

– If you maintain a stable union, it is essential to present the documents (RG and CPF) of the partner, who must also sign the deed;

– Profession and full address.

Divorced, Separated or Widowed

– Identity and CPF;

– Up-to-date marriage certificate, with registration of changes in marital status;

– If you have a stable union, you must present the documents (RG and CPF) of the partner, who must also sign the deed;

– Profession and full address.

Buyer documents (individual)

– Identity and CPF (being married, present the spouse’s documents as well);

– Birth or marriage certificate, as the case may be;

– If married, present the registered prenuptial agreement or public deed when the registration has not yet been made;

– Profession and full address.

Seller or buyer documents (legal entity)

– Consolidated articles of association and the last contractual amendment or the Bylaws and the last minutes of election;

– Registration with CNPJ;

– Identity and CPF of the managing partners who are empowered to sell real estate, together with proof of profession and address;

– Simplified certificate of the Board of Trade updated.

It is worth mentioning that, if one of the parties is being represented by means of a proxy, it is necessary to present a power of attorney, which will need to contain specific powers for its execution.

What to do if there are errors in the deed?

It is of utmost importance to make sure that there is no inconsistency in the deed of the property prior to formalization and registration. However, if a simple error is identified (such as an error in the spelling of names or information that does not change the measures of the property, for example), simply request the correction directly to the notes office, presenting supporting documents.

For rectifications that involve greater complexity, such as changes in the property’s currency, it may be necessary to resort to legal channels.

Anyway, be sure to correct any errors so that they are not a problem in a future sale.

Were you able to discover some of the various risks that the lack of a property deed can cause? Therefore, make sure you are doing a good deal and take care of all the legal details, otherwise, you will be financially injured and face years of waiting in the Judiciary to try to recover your loss.

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