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Every real estate development involves a series of decisions requiring legal certainty at each stage. TAGD Advogados provides real estate counsel from the project’s initial design through to handover, advising on shopping centers, real estate developments, hotel complexes, condominiums and subdivisions with meticulous attention to detail. Our work covers contractual, notarial, land-registry, possessory, zoning, tax and corporate matters, as well as any related litigation. We also assist clients seeking to purchase, sell or regularize urban and rural properties, through judicial or out-of-court proceedings, and resolve leasing matters efficiently. We combine technical expertise with commercial awareness because we understand that every property registration represents either a life project or a significant investment. Whether you are a developer, investor, company or property owner, we provide responsive advice that anticipates risks and enables transactions to proceed. From planning to completion, our objective is straightforward: to give you the confidence to move forward at every stage of your real estate venture, supported by a team that understands the market and has command of the applicable law.
Real estate law governs legal relationships involving the ownership, use and transfer of real property. It ranges from the purchase and sale of a home to the structuring of major developments and encompasses leases, real estate developments, subdivisions, land-title regularization and possessory disputes. In practical terms, it is the body of law that provides certainty to those who build, invest, sell or simply wish to occupy a home with peace of mind.
In Brazil, this field is governed by statutes including the Real Estate Development Law (Lei de Incorporações — Law No. 4.591/1964), which regulates developments sold off-plan, and the Contract Termination Law (Lei do Distrato — Law No. 13.786/2018), which addresses the termination of such agreements. Rental relationships are governed by the Tenancy Law (Lei do Inquilinato — Law No. 8.245/1991), while the formal establishment of rights depends on registration with the Real Estate Registry Office. Other key considerations include payment of ITBI on property transfers, adverse-possession proceedings to obtain recognition of ownership, real estate due diligence preceding secure transactions, and land-title regularization for areas that do not yet have formal title. Each element requires precise legal analysis.
TAGD Advogados brings these disciplines together in an integrated real estate practice designed to prevent disputes and enable transactions. We help developers launch projects, investors assess risks, companies structure contracts, and property owners regularize assets and resolve disputes. If you have a project, question or issue involving real estate, speak with a TAGD specialist for advice tailored to your circumstances.
Q: What does a real estate lawyer do?
A: A real estate lawyer advises and represents clients on all property-related matters, including contracts, developments, leases, registrations, regularization, taxes and litigation. The objective is to prevent risks and provide legal certainty for each transaction.
Q: Do I need due diligence before purchasing a property?
A: Yes. Real estate due diligence examines the property registration, liens and encumbrances, debts, the seller’s legal status, and outstanding zoning or tax matters, helping avoid surprises after the purchase. It is an essential step in transactions of any size.
Q: What is the Contract Termination Law, and when does it apply?
A: The Contract Termination Law (Lei do Distrato — Law No. 13.786/2018) governs the cancellation of agreements to purchase properties sold off-plan. It establishes deadlines, penalties and refundable amounts when the buyer withdraws or delivery is delayed.
Q: How does property regularization work?
A: It depends on the circumstances. It may involve adverse possession, correction of the property registration, land-title regularization or rectification of documents before the Real Estate Registry Office. We assess the situation and recommend the most efficient and secure course of action.
Q: Do I need a written agreement to lease a property?
A: Yes. A lease agreement establishes the rent, term, adjustment provisions, security and responsibilities, protecting both landlord and tenant. The Tenancy Law (Lei do Inquilinato — Law No. 8.245/1991) governs these matters and helps prevent common disputes.
Q: When should I engage real estate legal counsel?
A: Before purchasing, selling, developing, leasing or regularizing a property, as legal advice reduces documentary, contractual and registration risks that may result in significant losses.
Q: How does real estate due diligence protect an investment?
A: It examines the property registration, liens and encumbrances, zoning compliance, liabilities and restrictions, providing greater certainty for the acquisition, financing or development of a project.
Q: Which agreements require particular attention in the real estate market?
A: Purchase and sale, lease, built-to-suit, real estate development, property swap, tenancy and security agreements require careful review to balance risks and protect the transaction.
Une a qualidade e a proximidade de um escritório boutique à agilidade de uma banca moderna, entregando serviços jurídicos sob medida com abordagem pragmática, direta ao ponto e linguagem empresarial.
TAGD Advogados (Terciotti Andrade Gomes Donato Advogados) is a multidisciplinary business law firm with more than 10 years of experience, offices in São Paulo, Rio de Janeiro and Belém, and partners throughout Brazil and abroad. Our practice encompasses corporate law, tax, energy and dispute resolution, led by partners Maurício Terciotti, Daniel Andrade, Edgar Gomes and Raphael Donato. We combine the personal attention of a boutique firm with the agility of a modern practice, delivering tailored legal counsel through a pragmatic, business-oriented and results-focused approach.
Office Hours:
Sunday: Closed.
Monday: 09:00–19:00.
Tuesday: 09:00–19:00.
Wednesday: 09:00–19:00.
Thursday: 09:00–19:00.
Friday: 09:00–19:00.
Saturday: Closed.
Data Protection Officer (“DPO”): Patricia Barcellos
Deputy Data Protection Officer: Wagner Barros
Email: compliance@tagdlaw.com.br
