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Selling from abroad

How to sell a property in Brazil while living abroad

Daniel Ferreira · · 4 min read

Selling a property in Brazil from another country is common and perfectly legal. What makes it harder is not the distance itself, but the number of small things that must be ready at the same time: documents, tax status, someone authorized to sign, and a clear route for the money. This guide walks through the sale in the order things usually happen.

1. Check that you can actually sell

Before talking about price, confirm three points:

  • Who owns the property on paper. The owner is whoever appears in the property registration (matrícula) at the Real Estate Registry Office (Cartório de Registro de Imóveis). If the property is still in the name of a deceased parent, you are not selling a property yet — you are dealing with an inheritance first (see inheriting property in Brazil while living abroad).
  • Marital status. In most cases a married owner needs the spouse’s consent, depending on the property regime of the marriage. Divorces and marriages that happened abroad may need to be recognized or recorded in Brazil before the sale.
  • Your CPF. Every seller needs a CPF (the Brazilian taxpayer number) in a regular status. If it is suspended or pending, fix it before anything else — see CPF problems when you own property in Brazil.

2. Get the paperwork in order

A buyer — and especially a buyer using bank financing — will ask for a set of certificates about the property and about you. The usual list includes an updated copy of the matrícula, proof that property tax (IPTU) and condominium fees are paid, and certificates showing there are no lawsuits or debts that could affect the sale. The exact list depends on the city and on the buyer’s lawyer or bank.

If the built area does not match the records, if an extension was never registered, or if the property was bought with a private contract that was never recorded, the sale will stall. It is far cheaper to solve this before the property is on the market: regularizing a property’s records before selling.

3. Decide who will sign for you

You have two main options:

  1. A public power of attorney. You sign it at a Brazilian consulate, or at a local notary in your country with an apostille and a sworn translation. It authorizes a trusted person in Brazil to sign the deed and related documents. Details in power of attorney from abroad.
  2. Remote notarial signature. Brazilian notaries can perform some acts electronically, with identity checks by videoconference and a digital certificate. Availability depends on the notary and on your documents, so confirm early.

Whoever represents you should be someone you trust and who understands what they are signing. Limit the powers to this sale.

4. Set a realistic price

Owners who live abroad often anchor their price to the last time they visited, or to listings that never sold. A local broker can show you recent comparable sales and how long similar properties stay on the market. When the decision involves heirs, a divorce or a significant amount, a formal appraisal report gives everyone a common reference.

Remember that the net amount you receive depends on the broker’s commission, any debts on the property, and the tax on the capital gain, which for non-residents has its own rules — see capital gains tax for non-residents.

5. Marketing and visits without you

A local broker handles photos, listings, visits and the first negotiation. Agree in writing on:

  • who keeps the keys and how visits are scheduled;
  • how offers will reach you (in writing, by e-mail);
  • what the broker can and cannot accept on your behalf.

If the property is rented, the tenant usually has a right of first refusal under Brazilian rental law, and visits must respect the lease. Plan this with the broker.

6. Proposal, contract and the buyer’s checks

Once there is an offer, the parties usually sign a purchase agreement (compromisso de compra e venda) setting price, payment, deadlines, who pays which costs, and what happens if someone gives up. The buyer’s lawyer or bank then reviews the documents. If the buyer is financing, the bank also appraises the property and the process takes longer.

7. The deed, the registration and the money

The sale is formalized by a public deed (escritura) at a notary, followed by registration at the Real Estate Registry — only then does the buyer become the owner. The buyer typically pays the property transfer tax (ITBI) and registration costs, unless agreed otherwise.

Two points need planning before the deed:

  • The tax on the gain. For non-residents, the law places responsibility for collecting the tax on the buyer or on the seller’s attorney-in-fact in Brazil. This surprises many sellers and buyers, and it must be agreed with an accountant in advance.
  • Getting the money out. Funds are normally received in a Brazilian account and then sent abroad through a bank or authorized exchange institution, which will ask for documents. See sending the proceeds of a sale abroad.

Common mistakes

  • Signing a broad power of attorney with no limits or end date.
  • Putting the property on the market before checking the matrícula.
  • Leaving the tax question for the day of the deed.
  • Accepting an offer without understanding the payment schedule.
  • Forgetting condominium and IPTU debts, which follow the property.

Where to start

Make a list: your CPF status, a copy of the matrícula, who could act as your representative, and what you expect to receive net. With that in hand, the rest of the process becomes a sequence of steps rather than a problem. If you would like a second pair of eyes on your situation, describe your case in the consultation form — the reply comes by e-mail.

ImportantGeneral information for orientation only — not legal, tax or financial advice. Daniel Ferreira is a real estate broker, appraiser and administrator, not a lawyer or accountant. Rules, rates and procedures change and depend on your case: confirm with a Brazilian lawyer, an accountant, your bank and the official bodies before deciding.

Consultation

Have a property in Brazil and live abroad?

Tell us about your case — selling, renting, inheritance, documents or a problem to solve. You will receive a reply by e-mail with the next steps and which professionals should be involved.

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