CMARTINS Advogados has extensive experience in complex real estate transactions, property regularization, and specialized real estate litigation, providing comprehensive legal solutions for the real estate sector. Our services include:
- Real Estate Advisory: Legal counsel in property acquisitions (private and public), donations, surface rights, easements, lease agreements (residential, commercial, build-to-suit, and sale and leaseback), contracts secured by real estate (fiduciary transfers, mortgages, and collateral), leasing arrangements, partnerships, construction projects, condominium matters (legal advisory, bylaws, shareholders' meetings, and LGPD compliance), securitizations, financing transactions, joint ventures, and corporate restructurings.
- Property Regularization: Extrajudicial adverse possession (Usucapião), extrajudicial compulsory transfer of title, extrajudicial probate proceedings, waiver of property ownership, correction of property records and land registry entries, regularization before the Federal Secretariat for the Management of Federal Assets (SPU), including laudêmio, ground rent, and occupancy fees, as well as before municipal authorities (IPTU and ITBI taxes) and state authorities (inheritance and gift taxes).
- Real Estate Litigation: Representation in lease disputes (rent review, lease renewal, payment into court, rent collection, eviction, and pre-trial expert evidence), possessory actions (repossession, maintenance of possession, and injunctions against threatened interference), adverse possession claims, compulsory transfer of title, disputes involving real estate contracts (preliminary purchase and sale agreements, deeds of conveyance, fraudulent transfers, fraudulent conveyances in enforcement proceedings, third-party claims, and piercing of the corporate veil), expropriation proceedings, condominium disputes (construction works, condominium fees, and easements), neighborhood disputes, judicial auctions, and enforcement of contracts secured by fiduciary transfer of real estate or mortgages. We have extensive experience handling high-volume litigation for major banks, real estate developers, and investment funds.
- Due Diligence and Real Estate Asset Management: Legal support for large-scale real estate portfolio bids involving acquisitions, securitizations, and contract management, including high-volume legal due diligence.
Our multidisciplinary team works in close collaboration with the firm's other practice areas to deliver the highest standard of legal counsel, combining industry expertise, innovation, and technical excellence. Our clients include Brazil's leading real estate developers, domestic and international investors, investment, pension, and private equity funds, financial institutions, asset managers, and entrepreneurs.