Real Estate

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.


Our expertise covers

1.

Corporate Structuring and Reorganization

Design and reorganization of corporate structures tailored to the company’s reality and stage of development, with a focus on governance, risk mitigation, and capital attraction.

2.

Investment Agreements Drafting and Review

Negotiation of key instruments commonly used in the innovation ecosystem, including SAFEs, convertible notes, investment agreements, option agreements, vesting provisions, tag-along and drag-along rights, among others.

3.

Legal Due Diligence

Coordination and execution of legal audits focused on identifying contingencies and risks that may impact the company’s operations or valuation.

4.

Mergers and Acquisitions (M&A)

Management of acquisition, sale and integration transactions, including mergers, spin-offs, incorporations, share purchase and sale transactions, and other corporate restructuring operations.

5.

Advisory Services for Angel Investors and Funds

Representation of investors in the analysis, structuring and formalization of investments, with a focus on legal certainty and alignment of interests.

6.

Commercial Contracts

Drafting and negotiation of contractual instruments tailored to the dynamic and innovative nature of the sector, ensuring legal security without compromising business flexibility.

7.

Intellectual Property and Intangible Assets

Legal protection of trademarks, patents, software, trade secrets and other intangible assets that represent the core value of the business.

8.

Franchising and Licensing

Advisory services in franchise, licensing and brand distribution projects, from the identification and structuring of the franchise model to contract drafting and Franchise Disclosure Document (FDD) review.

9.

Legal Management

Comprehensive legal advisory services, acting as a strategic legal partner across civil, consumer, labor, corporate, tax, intellectual property and contract law matters.

10.

Administrative and Judicial Litigation

Specialized expertise in strategic and high-volume litigation across key industries, including technology, financial services, banking, telecommunications, pharmaceuticals, automotive, insurance, entertainment, services, manufacturing, wholesale and retail sectors.

Other Practice Areas

Fantástico! Sinônimo de grande competência e cuidado com os clientes


Renato Santarita

Ambiente muito bom e uma boa recepção.


Thiago Santos

Muito obrigada por ter me ajudado com essa dívida que está tirando o meu sono


Gabriel Wagner

Notícias

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Nossa rede

Results that make difference

Our focus is on delivering tangible results by combining legal expertise, innovation, and a strong commitment to each client. If you are looking for legal certainty, strategic guidance, and efficiency, we are ready to help.
Contact us
Rio de Janeiro Office
Av. Rio Branco, 115 – 11th floor – Centro, Rio de Janeiro – RJ | ZIP Code 20040-004
São Paulo Office
Rua Fidêncio Ramos, 160 – 12th floor – Vila Olímpia, São Paulo – SP | ZIP Code 04551-010
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CNPJ: 68.679.869/0001-48
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