Deed
The deed is the document drawn up at a notary office that formalizes the purchase and sale of a property. Ristra organizes the documents, supports the drafting and coordinates the parties and the notary until the deed is executed.
Purchase and sale deed
When you need a deed
A public deed usually comes into play when the purchase does not go through a bank loan. Common situations:
- You paid in cash or without bank financing and need to formalize the purchase.
- You received the keys and now need to formalize the transfer of the property.
- The property is above the legal threshold. Unless the law provides otherwise, article 108 of the Brazilian Civil Code requires a public deed for transactions that create, transfer, modify or waive rights in rem over real estate worth more than 30 times the highest minimum wage in force in the country.
- You paid off the property and are transferring ownership to your name.
- The developer referred you to Ristra at the handover of the building.
When a separate deed is not required: in loans secured by fiduciary lien (alienação fiduciária), the contract signed with the bank can have the effect of a public deed and go straight to registration (Law 9.514/97, article 38). If that is your case, see the mortgage financing page.
What a deed is
It is the document drawn up at a notary office to formalize the purchase and sale, identifying the parties and the terms of the transaction (Civil Code, articles 108 and 215).
Deed, contract and registration are different things. The private contract records the agreement between buyer and seller. The deed formalizes that transaction before the notary, with public faith. Registering the deed at the Real Estate Registry Office is what transfers ownership (Civil Code, article 1,245).
In short: the deed formalizes, the registration transfers. When the deed is the applicable title, one without the other leaves the process half done.
What Ristra does
Ristra provides advisory and coordination. The notary office executes the deed; Ristra handles everything that comes before it and the filing afterwards.
- Gathers the certificates and documents of the parties and the property, and checks everything before moving on.
- Follows the issuance of the ITBI (property transfer tax) slip with the city hall and obtains the payment certificate once it is paid.
- Prepares and reviews the draft deed and sends it for approval by you, the seller and the notary.
- Schedules the signing, in person or through e-Notariado. To sign electronically, the buyer receives a notarized digital certificate at no cost.
- Follows through until the deed is executed and files it for registration.
What depends on third parties
Some steps belong to other institutions. Ristra coordinates and follows up, but does not replace any of them.
- Notary office: executes the deed and charges the notary fees for the act.
- City hall: issues the ITBI slip. Tax steps follow municipal law and the requirements that apply to the act.
- Seller: provides their documents and certificates and signs the deed.
- Real Estate Registry Office: receives the deed in the next step and performs the registration that transfers ownership.
What you get
At the end of the process, you have:
- An organized, checked list of documents and certificates.
- The draft deed reviewed before signing.
- The deed executed by the notary office.
- The certified copy of the deed (traslado) issued by the notary.
- The deed filed with the Real Estate Registry Office.
How it works
Five steps, from the first document to filing for registration.
- 1
Documents and certificates
You send your personal documents and the property documents. Ristra gathers the certificates, checks everything and lets you know if anything is missing.
- 2
ITBI
Ristra guides the filing and follows the issuance of the ITBI slip with the city hall. The tax is paid by the liable party, and Ristra gathers the proof required for the deed under municipal law.
- 3
Draft deed
Ristra prepares the draft deed and sends it for approval by you, the seller and the notary.
- 4
Signing
Once the draft is approved, the notary schedules the signing. It can be in person or through e-Notariado, with a free notarized digital certificate for the buyer.
- 5
Executed deed and registration
After signing, the deed is executed and Ristra files it with the Real Estate Registry Office, the next step. See the property registration page under Services.
What it costs
Who pays for what in a deed.
- Ristra's advisory
- Free within the partner networkIf you were referred by a partner developer, there is no charge. Outside the partner network, the operating fee starts at R$ 750, depending on the case, and is confirmed before you hire us.
- Notary fees
- State fee schedulePaid directly to the notary office for executing the deed. Ristra provides an estimate before you sign up.
- ITBI
- Municipal taxPaid to the city hall by the liable party, at the time set by municipal law. The rate and the tax base vary by municipality.
- Certificates
- Cost variesEach certificate has its own cost, set by the issuing body.
Taxes, notary fees and certificates are not charged by Ristra and are informed separately. The scope and costs of the service are confirmed before you hire us.
Frequently asked questions
No. The deed is the document drawn up at a notary office that formalizes the purchase and sale. The registration is the act of the Real Estate Registry Office that transfers ownership to your name. Without registration, the property record stays in the seller's name.
It depends on the transaction. In loans secured by fiduciary lien, the contract signed with the bank can have the effect of a public deed and go straight to registration, without a separate deed (Law 9.514/97, article 38). This depends on how the transaction and the parties are framed under the law. Ristra confirms it for your case.
Yes, when the notary offers e-Notariado, the electronic platform of Brazilian notary offices. The signing takes place by video call with a notarized digital certificate, and the buyer receives the certificate at no cost. If you prefer, the signing can also be in person.
On average, 20 to 45 days from document delivery to the deed executed and registered, depending on the notary's schedule and the ITBI payment.
The basics are similar in most cases:
- Personal documents of buyer and seller (ID, CPF, proof of marital status and of address).
- Certificates of the parties and of the property.
- Up-to-date property record (matrícula).
- Proof of ITBI payment.
The exact list depends on the case, the state and the notary's requirements. Ristra sends the full list at the start of the service.
The deed follows the same path, but the seller's documentation changes: besides the company's certificates, the notary asks for corporate documents and proof of who signs on its behalf. If you were referred by a partner developer, Ristra coordinates the documentation directly with them and the service is free for you.
The choice of notary office is yours and the seller's. Ristra can suggest notary offices it already works with and handles the coordination with the one you choose.
As a rule, the buyer. Responsibility is set by each municipality's law, and the parties may agree otherwise in the contract. The timing and the amount follow municipal law: the rate and the tax base vary by municipality.
Shall we organize your deed?
Tell us how the purchase went and where you are in the process. Ristra confirms the scope and costs before you hire us.