How to ensure security in a real estate purchase and sale contract

Learn how to ensure greater security in your real estate purchase and sale agreement with essential tips. Understand the key points and avoid future negotiation problems.

When negotiating a property and getting close to closing the deal, it is essential to pay attention to the most important step: the property purchase and sale agreement .

The process of searching for a property involves a careful analysis of several factors, ensuring that the decision is the safest and most correct.

Since buying a property usually happens once or twice in a lifetime, it's important to act with caution and confidence at this crucial moment.

What should I know about the property purchase and sale agreement?

This contract represents an agreement between two parties: the seller, who agrees to deliver the property, and the buyer, who offers payment in cash or, in some cases, another property as part of the transaction.

The contract should include clear details about the property and the agreed-upon values . However, it does not automatically transfer ownership. After signing, the values ​​and dates for registering the transfer of ownership at the property registry office must be stipulated .

If you are purchasing a property off-plan, request the Descriptive Memorial , which contains details about the common areas and the property's finishes.

If payment is not completed as per the contract, the seller may not register the transfer, and the buyer will not have legal possession.

In cases of transfer of assets between family members, such as from father to son, it is essential that all those involved, such as spouses and heirs, are aware of the transaction.

If the property's dimensions described in the contract do not correspond to reality, the buyer has the right to demand corrections, discounts or, if necessary, cancel the contract .

For minors or incapacitated people to sell a property, they must be represented by parents, guardians or curators.

5 tips for a safer purchase and sale agreement

Detailed description of the property

The contract must contain a complete description of the property, including the address and registration number. Before drafting the contract, request the updated registration number to ensure the description is accurate.

Proof of ownership

Request the property's updated registration to verify that the seller is actually the owner. Additionally, request copies of the seller's personal documents, such as ID and CPF, to confirm the information.

Payment methods and deadlines

It's essential that the contract detail the payment terms and deadlines. In the case of checks, record the serial number, issuer, and amount, and verify that the signature matches the buyer's documents. It's also prudent to request clearance certificates and verify the buyer's financial standing with the SPC and SERASA .

Property ownership

The contract must specify when the buyer will take possession of the property, whether at signing, after full payment, or at another agreed-upon time. It may also include a penalty if the seller fails to deliver the property within the stipulated timeframe.

Eviction clause

Eviction occurs when a property is lost due to a court decision. The contract must anticipate this situation and include a compensation clause for the buyer if it occurs.

Important considerations

The purchase and sale agreement guarantees commitment and legal certainty between the parties involved , but it does not transfer ownership. To do so, a public deed must be formalized and registered with the property registry.

By completing these steps, ownership will be transferred legally and definitively.

With these guidelines, your contract will be more secure, protecting both parties and avoiding potential future problems.