[BUYING AND SELLING REAL ESTATE IN BRAZIL]
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c) Project development and Financing. Registration of the Project Development at the Real Estate Registry Office and obtaining financing through the financial system or capital markets. This process requires an in-depth analysis of the financing mechanisms available and the security measures that can be put in place to assure lenders. It's essential to assess the viability of different financing options, including loans, bonds, or equity offerings, and understand the legal and regulatory requirements for each. The study also involves evaluating the types of collateral that can secure the financing, such as mortgages, pledges, or other assets, to ensure the interests of all parties are safeguarded and the project can proceed smoothly. d) Project Launch. The beginning of the units’ sale. It is permitted to start selling the units of a real estate project only upon securing obtaining the necessary permits as previously mentioned and following the registration of the project development with the relevant Real Estate Register Office. e) Construction. 4. TYPES OF IN REM RIGHTS IN BRAZIL a) ownership; b) surface rights; c) use;
the Floor Slab, allows to obtain a distinct title to construction on top of or under another building even though it sits on the same land); j) special concession of use for housing purposes (granted by the Government); k) concession of use (also granted by the Government); l) mortgage; m) fiduciary lien; n) antichresis; o) seizure. 5. GUIDELINES AND MAIN STEPS IN THE PROCESS OF REAL PROPERTY ACQUISITION Acquisition of a real estate property in Brazil, whether urban or rural, essentially involves the following steps: ✓ Finding a property for sale, possibly with the assistance of a real estate broker/realtor, whose assistance is not mandatory. The broker's fee and payment thereof, which is negotiable between the parties and broker, and may be up to 6% of the purchase price. ✓ The purchaser, whether an individual or company, must have a Brazilian Tax Registration Number issued by the Federal Revenue authority. The registration procedure is straightforward and can be carried out by a third party (attorney – in-fact). ✓ Execution of a private sale and purchase agreement. This is not a mandatory step but is recommended given that such an instrument entitles the parties concerned to not only establish all the conditions to be met to conclude the real property acquisition, but also to outline all the obligations with respect
d) easement; e) enjoyment; f) habitation; g) right to acquire; h) pledge;
i) right of floor slab ("Direito de Laje", which roughly translates to the Right of
ILN Real Estate Group – Buying and Selling Real Estate Series
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