Considered one of the best sectors for investment, the real estate market presents optimistic conditions for new investors. Whether in real estate funds, purchasing one's own property, or even developments under construction, the sector offers consolidated returns and a growing potential for appreciation. However, the first experience can be traumatic if not well-founded.
This is because when acquiring a property, many buyers only analyze the structure and delivery condition, disregarding bureaucratic issues. Administrators of over 60 real estate CNPJs and partners at Simas and Hütner Law Firm, the lawyers Dr Suellenn Simas and Attorney Renata Hütner, cite points that should be analyzed during negotiations.
A contracts specialist, Hütner argues that the action requires legal planning to ensure the success of the transaction and emphasizes the importance of the drafting and understanding of the contract. “The contract is the foundation of legal security for any real estate purchase. It must be detailed, clear, and precise in protecting the interests of the involved parties. Unfortunately, many people only realize the importance of this when they are already facing problems,” she explains.
Specialized in real estate and business law, Simas warns that the first step to ensuring the security of the deal is document analysis, which requires meticulous attention to what the law states. “Excitement can cause the buyer to overlook important details. Without a careful analysis of the property's status and any potential legal restrictions, there is a significant risk of future problems. Trying to save money can end up being costly.”.
What care should be taken?
In the case of used properties, one must pay attention to the property's registration, sale certificates, taxes, registered documentation, and inspections, as well as an investigation into the seller's background. For off-plan properties, caution must be doubled. The attorneys advise that the builder's reputation and the contract conditions are the first points to be analyzed. It is also recommended that the investor keep possession of all promotional material, in order to guarantee the complete delivery of the marketed structure.
What should I take into consideration when choosing a property?
1. Regional infrastructure: Areas with recent constructions and urban improvements tend to appreciate more.
2. Access to public transport and commerce: Well-connected neighborhoods are usually more sought after for housing and entrepreneurship.
3. Appreciation history: It is important to check the average price of neighboring properties and the trend of increase or decline in recent years.
4. Investment liquidity: Buying a property based solely on price is not advisable. It is essential to analyze the region's growth and the long-term liquidity of the capital, so that a potential resale is not compromised.
The duo concludes by agreeing that seeking legal guidance and negotiating conditions based on legislative safeguards help ensure security and peace of mind in the purchase and investment process, where prevention is the best way to avoid future problems.

