If It’s Not Registered, You’re Not the Owner: A Practical Guide for Foreigners Buying Property in Brazil

Introduction: Great Opportunities, Specific Rules

Brazil offers incredible opportunities for foreign investors: beachfront apartments, countryside farms, student housing, vacation rentals, commercial spaces and more.

But there is one core legal rule you absolutely must understand before investing in Buying Property in Brazil:

“Quem não registra, não é dono.”

If it’s not registered, you’re not the owner.

In many countries, once you sign a purchase agreement, pay the price and get the keys, you are effectively treated as the owner. In Brazil, that is not enough.

Here, you only become the legal owner after your title is properly registered at the Real Estate Registry Office (“Cartório de Registro de Imóveis”).

This article explains what that means in practice, what Brazilian law actually says, and how foreign investors can protect themselves and structure safe acquisitions with the support of a Brazilian real estate lawyer.

1. What Does “If It’s Not Registered, You’re Not the Owner” Mean in Brazil?

Brazilian law is very clear on how ownership of real estate is transferred. According to Article 1.245 of the Brazilian Civil Code:

“The transfer of ownership of real property is only perfected with the registration of the title of conveyance at the Real Estate Registry.”

In practical terms, this means that:
Signing a private purchase and sale agreement,
Paying all or part of the purchase price, and
Receiving the keys and physical possession do not automatically make you the legal owner in Brazil.

From a legal standpoint, until the deed (or other valid title) is registered, the seller is still considered the owner of the property, even if you have already moved in or started renting it out.

That is why Brazilians say: “quem não registra, não é dono”. Whoever does not register is not the owner.

2. Property as a Real Right in Brazilian Law

In Brazil, property is classified as a “real right” (“direito real”). This has two important consequences for foreign investors:

2.1. It Is Enforceable Against Anyone

A real right is opposable to third parties. That means your ownership is not just a personal agreement between you and the seller; it has effects toward:

• Neighbors
• Creditors
• Government authorities
• Banks and potential buyers

But this protection only exists when your right is properly constituted, and that happens through registration.

2.2. It Must Be Public and Traceable

Because real rights affect third parties, they must be public. In Brazil, this publicity occurs through the Real Estate Registry.

Each property has a unique record called the “matrícula do imóvel”. This document shows:

• The physical description of the property
• The list of current and past owners
• Any liens, mortgages or encumbrances
• Court orders or restrictions affecting the property

To be recognized as the true owner, your name must appear as the owner in that document. Without this, your position is weaker and more vulnerable in the event of disputes.

3. Why Some Buyers Skip Registration and Why That’s Dangerous

Because real estate transactions in Brazil involve taxes, notarial fees and registry costs, some buyers and sellers try to reduce expenses by:
Using only a private contract (“contrato de gaveta”),
Not executing a public deed (“escritura pública”), or
Failing to complete registration at the Real Estate Registry Office.

For foreigners, this may seem acceptable if, in their home country, a private contract is often enough. But in Brazil, this is not a safe strategy. Skipping registration can lead to serious risks, such as:
The seller remains the legal owner on record until registration is done.
If the seller has debts, lawsuits or creditors, the property may be targeted by enforcement actions, because it is still in their name.
In case of death, divorce or family disputes involving the seller, your position may be seriously affected.
You may face difficulties in reselling the property, obtaining financing or proving ownership in due diligence processes.

In other words, you may feel like an owner, but if your name is not on the matrícula, the law may not treat you as one.

4. Essential Steps for Foreigners Buying Property in Brazil

If you are a foreign investor considering a real estate acquisition in Brazil, here are some key steps to protect your investment:

4.1. Don’t Stop at the Contract – Go All the Way to Registration

The contract (even if notarized) is a crucial step, but it is not the final one. The process is only complete when the title is registered at the Real Estate Registry Office.

From an investor’s perspective, registration is the moment your risk truly reduces and your legal security increases.

4.2. Work with a Brazilian Real Estate Lawyer

Brazilian property law has its own logic, terminology and procedures. A Brazilian real estate lawyer experienced with foreign clients can:
Review the title chain and check the property’s history;
Identify liens, lawsuits, tax issues and hidden risks;
Guide you on the structure of the transaction (individual, company, holding etc.);
Coordinate with the notary office and the Real Estate Registry;
Ensure that, at the end of the process, you are properly registered as the owner.

This kind of legal support is particularly important if you are not in Brazil during the entire transaction or if you are not fluent in Portuguese.

4.3. Treat Taxes and Fees as Part of Your Risk Management

When you invest abroad, you are not paying only for the asset — you are also paying for legal certainty.

In Brazil, this includes:
Transfer tax (ITBI),
Notarial fees for the public deed, and
Registry fees for the Real Estate Registry Office.

These amounts should be seen as part of the cost of securing a clean, defensible title, much like insurance for your property rights.

4.4. Always Request and Review the “Matrícula”

Before closing any deal, you should obtain and review an updated property certificate (“certidão de matrícula atualizada”). This document is the official snapshot of the property’s legal situation.

Your objective is clear: after the transaction, your name must appear as the registered owner on the “matricula”. That is the most concrete proof that your investment is legally protected.

5. Conclusion

In Brazil, Legal Security Begins at the Registry. Brazil can be a very attractive market for foreign investors, offering opportunities in residential, commercial and rural real estate. But those opportunities only make sense if your ownership is legally valid, public and enforceable.

The key message is simple and essential:
In Brazil, you only become the owner of a property when your title is registered at the Real Estate Registry Office.
If it’s not registered, you’re not the owner.

Understanding this principle and structuring your investment with appropriate legal support turns a simple “purchase” into a secure, long-term asset in your international portfolio.

Need Help Investing Safely in Brazilian Real Estate?

If you are a foreign investor thinking about buying property in Brazil, you don’t need to navigate this alone.

Our law practice is focused on real estate and asset protection, and we assist foreign clients with:
Legal due diligence on properties and sellers;
Drafting and reviewing purchase and sale agreements;
Coordination with notaries and Real Estate Registry Offices;
Structuring acquisitions through individuals, companies or holding structures;
Ongoing legal support for your investments in Brazil.

If you want to invest in Brazilian real estate with clarity, legal security and a trusted local partner, you can reach out for personalized legal advice tailored to your situation and objectives.

Need legal support to invest in Brazilian real estate?

If you are a foreign investor and want to buy property in Brazil with legal security, you can learn more about our work at bottimendes.com.br or contact us directly at contato@bottimendes.com.br.

We assist international clients with due diligence, contract review, transaction structuring and property registration, so you can invest in Brazil with confidence and a trusted local legal partner.