The Two Key Documents in Real Property Transactions

Buying and selling real property in Brazil is document-intensive. First, you have the personal documents of the buyers and sellers. Then, you have a purchase agreement. That’s generally followed by due diligence certificates. And finally, you get to the two most important documents: the escritura and the matrícula.

Both the escritura and the matrícula are important because they’re registered at a notary office and filed publicly for everyone to see. They confirm the true and current owner of the property, and they also give public notice about any liens or encumbrances.

So what’s the difference between the escritura and the matrícula? Let’s look at each.

The escritura is similar to a deed under US law. It’s signed by both the seller and buyer, and it documents the transfer of the property. It states that on X date, the property was sold by John Doe to Jane Doe for Y price.

The matrícula, on the other hand, is more like a certified journal. It keeps track of every transaction related to the property, so there is a log of activity and documented history. It’s also where liens and other encumbrances are notated for the public to see.

Both documents are vital, yet they serve different purposes. Suffice to say, you’ll want to get copies of both if you’re dealing with property transactions in Brazil. When it comes to the matrícula though, you’ll want an original with a recent issuance date. That way, you know the actual status of the property.