Buying real estate in Brazil is an exciting but complex process, especially for foreigners. Bureaucracy, specific laws, and the language barrier can turn a dream deal into a nightmare. That is why, if you plan to buy property on the Florianópolis, having a qualified English-speaking real estate lawyer is absolutely essential.
In this article, we will detail exactly what a real estate lawyer (Advogado Imobiliário) does, where to find one, how much their services cost, and what red flags to look out for.
What does a Real Estate Lawyer (Advogado Imobiliário) do?
A specialized lawyer protects your interests at every stage of the transaction. Their work goes far beyond simply translating contracts. Core responsibilities include:
- Due Diligence: This is the most critical stage. The lawyer requests and analyzes dozens of certificates (certidões), checks the property's history (matrícula), and ensures there are no hidden debts belonging to the seller (tax, labor, judicial) and no encumbrances on the property itself.
- Drafting the contrato de compra e venda: Preparing a legally binding preliminary purchase and sale agreement that protects you if the deal falls through, sets timelines, outlines party responsibilities, and specifies the methods for international money transfers.
- Assistance at the Notary (Cartório): The lawyer will oversee the signing of the final public deed (escritura pública) at the notary, verifying the correctness of all paid fees (ITBI).
- Registration at the Registro de Imóveis: Ensuring that the deed is properly registered at the Real Estate Registry, making you the full and legal owner of the property.
- Consulting on Foreign Investments: Assistance with capital registration (RDE-IED) at the Banco Central, consulting on tax implications, repatriating funds, and obtaining a Golden Visa.
Where to Find an English-Speaking Lawyer?
Finding a good specialist in Florianópolis who is also fluent in English can be tricky, but there are several proven avenues:
- OAB (Ordem dos Advogados do Brasil): The official registry of lawyers in Brazil. Although there is no language filter, you can check the license status of any lawyer you find (they must have an active OAB number).
- Expat Forums and Telegram Channels: Expat communities are the best source for recommendations. Specifically, the HelpinFloripa channel and chat frequently share contacts of vetted professionals who have worked with English- and Russian-speaking clients.
- InterNations Florianópolis: An expat community where regular meetups and forum discussions can provide recommendations from foreigners who have already navigated the home-buying process.
Selection Criteria
Not every English-speaking lawyer will be the right fit for you. What to look for:
- Specialization in Real Estate (Direito Imobiliário): Avoid general practice lawyers who handle divorces in the morning and criminal cases in the afternoon. You need a real estate expert.
- Experience with Foreigners: The specialist must understand the nuances of cross-border transfers, foreign capital registration (RDE-IED), and obtaining a CPF for non-residents.
- Fluent English (or Russian): You must be able to clearly understand each other, especially concerning taxes and risks.
Cost of Services
Lawyers' fees can vary significantly. In Florianópolis, two pricing approaches are common:
- Percentage of the Deal: This is usually 1% – 2% of the total property value. This option is common for handling large or complex transactions.
- Fixed Rate: Depends on the scope of work and the complexity of the property. Prices typically range from R$ 3,000 to R$ 15,000. For example, a standard check of an apartment in a condominium will be cheaper than comprehensive due diligence on a plot of land missing a complete set of documents.
Red Flags
Be cautious if a lawyer:
- Demands 100% upfront payment in cash before starting work.
- Refuses to provide an official written contract for legal services (contrato de honorários).
- Advises underreporting the official property price in the contract (this is illegal and will lead to massive capital gains taxes upon resale).
- Cannot provide their OAB number or their status is suspended.
Questions for the Initial Consultation
Before signing a contract with a lawyer, ask them these questions:
- What is your OAB number, and can I check its status?
- How many transactions with foreign buyers have you handled in the last year?
- What exactly is included in your fee, and what will I have to pay separately (fees, taxes)?
- Do you assist with registering investments with the Banco Central (RDE-IED)?
- What are the timeframes for conducting full due diligence on my chosen property?
📍 Personal Experience Source (HelpinFloripa): Many successful foreigner transactions on the Florianópolis started with recommendations in the HelpinFloripa community. Using vetted contacts from the chat helps avoid scammers and finds specialists who understand the specific needs of expats.
Conclusion
Buying real estate is a major investment, and cutting corners on legal support is extremely risky. A good English-speaking lawyer in Florianópolis will not just translate documents for you; they will protect your capital, ensure the transaction is clean, and lay the right foundation for any future fund repatriation or investor visa applications.