Did you know that the most important part of every property sale is real estate documentation? And that people only discover that they would have to carry out some procedures in relation to their property when they are going to sell?
When we talk about documents we are referring to both the sellers’ personal documents and the documents regarding the property that is going to be negotiated and that of the clients.
Continue reading this article and learn more about the necessary documents!
The need for documentation
Understand that when we talk about personal documentation of the owners of the property, whether natural or legal, we are referring to RG, CPF, certificate that proves the current marital status of the seller (s). If the person is a legal entity, duly consolidated social contract, statute, etc., as well as the RG and CPF of his / her representative (s), in addition to the certificates of civil forensic distributors and family at the state level, federal court certificates, registry offices of protest, labor, joint certificate from the Federal Revenue Service, in addition to a declaration signed by the seller (s) that they do not have a shareholding (when part of it, present all the certificates informed below for legal entities in the host city).
When dealing with a legal entity, the list of certificates, bankruptcy and bankruptcy, FGTS, a brief report from the competent legal entity’s registration body (civil registration of legal entity or commercial board) and others that may be necessary should be included in the list of certificates.
Security to acquire a property
It is worth mentioning that all the mentioned certificates must be obtained in the district of the property and in the domicile / headquarters of the seller (s). These are documents that provide security to those who are going to acquire a property, because if they are not in perfect order, it will impact the sale, delaying the receipt of agreed values, or even preventing the conclusion of the transaction.
Negotiating a property
Regarding the property to be negotiated, whether in vertical (apartments) or horizontal (houses) condominiums, the documents that must be obtained are:
- The) Updated certificate of ownership of the property to be negotiated (it must state who the current owner (s) is (are), since whoever has ownership can sell, rent the sale by private instrument, complete the sale sale by Public Deed, and may also be made by a proxy, provided that the proxy is public and specific). This certificate must be obtained from the Real Estate Registry Office belonging to the property’s district. This certificate records and records all acts that concern the owner and the property itself, for example: registration of extrajudicial sharing, inventory, change of marital status, mortgage write-off, extinction of usufruct, registration of the construction, when enrolling there was only the terrain, or even alteration of the built area if the property has undergone renovation with the addition of an area that is always applied in horizontal residences, etc. These are precautions that must be observed before sitting at the table for negotiation.
- b) Certificate relating to municipal tax debts;
- c) declaration of absence of condominium debts (in the case of a property located in a condominium);
- d) Extract related to fines imposed by sub-municipalities (in the city of São Paulo this document is called Extract Unicai).