Area 07
Real Estate
Buying or renting a property is, for most people, the most significant financial decision they will make. Checking title, encumbrances, planning permission and contract terms before signing is what separates a sound transaction from a dispute.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationFor tenants, the conflicts are recurrent and almost always avoidable: a deposit withheld without justification at the end of the term, an increase applied outside the agreed index or frequency, structural repairs passed on to the tenant, eviction announced without regard to the statutory notice. We review the contract before signature and defend the tenant once the problem has arisen.
For buyers and sellers, the work starts with due diligence: chain of title, charges and attachments, occupancy licence, compliance of the construction, service charge arrears and the tax position of both the property and the other party. Only then do we draft the promissory contract and the deed, and attend to registration.
For companies and investors, we also assess the most suitable acquisition structure, whether individual or corporate, with attention to the tax and succession consequences in each country and to the intended purpose: own use, letting or resale.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Leasing — tenant
Contract review before signature, recovery of the deposit, challenges to improper increases, enforcement of repair obligations and defence against eviction.
Leasing — landlord
Drafting of the contract, security, rent updates, recovery of arrears and repossession of the property.
Purchase and sale
Promissory contract, deed, registration and full conduct of the transaction, with support on financing.
Real estate due diligence
Verification of title, charges, encumbrances, licensing and the tax position of the property and the seller.
Adverse possession claims
Extraordinary, ordinary, family and out of court adverse possession, including survey of the occupation, technical description and witness evidence.
Property disputes and service charges
Construction defects, delayed completion, withdrawal from off plan purchases, possessory actions and disputes between co-owners.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
My landlord withheld the deposit. Can I recover it?
A deposit covers damage beyond normal wear and tear, and rent in arrears. Withholding it without itemising the amounts and evidencing the damage can be challenged, with return of any sum improperly retained.Can the landlord raise the rent at any time?
No. Increases follow the frequency and index set out in the contract and in the applicable legislation of each country. Increases outside those terms can be challenged, with recovery of any overpayment.I have lived in a property for years without title. Can I claim adverse possession?
It may be possible, provided the possession has been peaceful, uninterrupted and exercised as owner for the statutory period of the applicable route. The first step is assembling evidence of the occupation: utility bills, improvements, witnesses and documents showing the length of possession.Can foreign nationals buy property in Portugal?
Yes. There is no general restriction on acquisition by foreign nationals. A NIF must be obtained and the tax obligations arising from the purchase and the holding of the property observed.
Real Estate
Need guidance on real estate?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.