REQUIRED DOCUMENTATION FOR DEED

The documents required by the Notary for Deed and Documents of Paraty to make the engrossment among natural people are:

Real Estate Documentation
1. Property Title (Public Title of Property);
2. 20 year Clearance Certificate;
3. Urban Real Estate: Certificate of No outstanding Debits
4. Rural Real Estate: Certificate of Rural Real Estate Registration (issued by INCRA %u2013 National Settlement and Agrarian Reform Institute) and the Territorial Rural Tax (issued by Treasury Ministry)
5. Transference Authorization Certificate issued by the Service of Union Heritage %u2013 only for Real Estate where accrues this tax, commonly located nearby the seas and rivers. This certification is issued after fee-farm rent payment (transmittal tax of 5% collected by SUH);
6. Acquittance voucher of Transfer Tax (ITBI) %u2013 Municipal tax of 2% over the Real Estate value;

Documentation of the Seller (and his spouse)
1. Certified copy of ID, Individual Taxpayer Number (CPF), and Residence certificate
2. Updated Birth or Marriage Certificate (if married by prenuptial agreement), it is necessary to present the prenuptial Contract with the due registration and, if divorced, it has to present the divorce approval in the back of the Marriage Certificate);
3. Certificate of the Distributor Notary, Allocator, Accountant and Partitioner of   Paraty   and of the broker residence (if it is not Paraty) related to (1) Civil Courts Actions,(2) , Disability, Tax Distributors and Trust (in Paraty this Notary is located inside the building of Silvio Romero Court, at Travessa Santa Rita, 18- Paraty);
4. Federal Justice Certificate related to Actions and Civil Distributor (it can be issued by internet);
5. Certificate of the Civil Registration Notary of Natural People of Paraty Court and of the broker residence (if it is not Paraty) referred to registrations of Disability, Protection or Trust (in Paraty this Notary is located inside the building of Silvio Romero Court, at Travessa Santa Rita, 18- Paraty).

Documentation of  Purchaser
1. Certified copy of RG, Individual Taxpayer Number (CPF) and Residence Certificate;
2. Updated Birth or Marriage Certificate (if married by prenuptial agreement), it is necessary to present the prenuptial Contract with the due registration and, if divorced, it has to present the divorce approval in the back of the Marriage Certificate);

Note 1: If the purchaser is foreigner: certified copy of CPF and visa, birth certificate or, if married, marriage certificate translated by sworn translator. If the foreigner purchaser wishes to acquire a rural Real Estate, it is also necessary to corroborate his residence in Brazil.
Note 2: the expenses with certificates are commonly paid by the seller, but it is possible agreement between the Parties for expenses share or full payment by the purchaser. The expenses referred to Real Estate transmittal (ITBI, fee-farm rent, Notary taxes, etc) are commonly paid by the purchaser.
Note 3: If the sale is being made by a seller or buyer attorney, the attorney for this purpose must be public, that is, it must be done in a Registry of Deeds and Documents. It is necessary to ask, in the notary where it is done the attorney, an updated certificate of the same in order to know if it is still valid.

MAIN TYPES OF PUBLIC DEEDS OF REAL ESTATE SALE

Final Deed of Purchase and Sale
The owner has the final deed already in his name. If it sells in cash, it will grant to the purchaser the Final Deed of Purchase and Sale, because it will receive in cash the total price.

Assignment Deed of Acquired Rights
It is granted when the broker has the Deed of Purchase and Sale Promissory that it is not quitted yet and decides to sell. As it is not owner yet, because it has only promised to buy, it can only assign purchase rights, that is, the Party already paid; receives in cash and transmit the balance due to the new purchaser.

Assignment Deed of Acquired Rights Promissory
It is identical to the previous one, but it is received in installments of who sells. If it is re-selling in installments, it only promises to assign to anybody his purchase rights.

Assignment Deed of Hereditary Rights
One person inherited a Real Estate, but the inventory is still not concluded or it was not opened yet, and he wants to sell this Real Estate. If the interested person accepts, it is engrossed the deed and he asks to be in the inventory as if it were the inheritor. It replaces the inheritor in the inventory.

Assignment Deed of Improvements and Possession Rights
It is granted when the Real Estate does not have enrollment number in the RGI (General Registration of Real Estate) and, only if it is a legitimate and pacific possession. It is commonly required a plant of the site with name and signature of the opponents.