By: Vitor Ferrari and Ivan Kubala

Buying a property is an extremely bureaucratic process that requires a lot of attention.

Its course involves a series of formal acts that go far beyond the mere banking transaction for the purchase of the asset. Before receiving the keys, several contracts must be signed; some bills must be paid, especially taxes; many certificates will be issued in order to assess the real civil, criminal and tax situation, both of the property itself and of its former owners, in addition to there being intense communication with the Notary and Real Estate Registry offices..

When the asset is purchased as an investment and the buyer intends to sell it some time later, there will be even more bureaucracy, since each document, invoice and certificate must be issued twice, once to regularize the purchase and once to regularize the sale; in the event of using it to generate passive income, there will be the preparation of another contract, a rental contract, and payment of tax on the profit obtained.

Furthermore, it is extremely important that all documents are carefully analyzed by competent people before being signed, under penalty of being null and void, or worse: having the possibility of causing excessive harm to the signatory, especially when it comes to clauses relating to the amounts to be paid and the interest applicable.

All this prior analysis, which must be done, is extremely bureaucratic and technical, involving legal concepts and application of legislation to the specific case. This specificity limits the actions of lay people, who often make mistakes by not recognizing clauses that limit their rights, that impose excessive obligations or that force the buyer to assume debts related to the property.

Therefore, hiring experienced lawyers is essential so that the buyer receives the property as quickly as possible, at the lowest possible price, and most importantly, without unpleasant surprises, such as the incidence of abusive compound interest or the possibility of delays in the delivery of the property..

In the case of investors, hiring is even more important, because legal action in the area of asset intelligence will enable lower incidence of tax on profits, rapid sale of the asset and protection of the investor against possible litigation over the property, which will certainly immobilize the invested capital for a long period. Given the above, it is understood that It is more advantageous to hire a team of experienced lawyers to avoid problems and maximize bonuses, such as those who work at Mazzuco & Mello Advogados, than hiring them to solve them and mitigate the burdens.

With the collaboration of Luis Felipe Simão