Extrajudicial Compulsory Adjudication: How to Register Property Without the Seller

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Compulsory adjudication of real estate no longer necessarily depends on a lawsuit. Since Law 14.382/2022, a buyer who has paid the full price but cannot obtain the deed can acquire ownership directly at the real estate registry office, through a faster procedure handled by the registrar.

What Changed with Law 14.382/2022

Law 14.382/2022 added Article 216-B to the Public Records Law (Law 6.015/1973) and created an extrajudicial route for compulsory adjudication (adjudicação compulsória, a procedure by which a buyer obtains title to property when the seller refuses to convey it). Until then, a person who had bought real estate under a purchase and sale commitment, had paid the agreed price in full, and then ran into a seller’s refusal to sign the final deed had only one option: file a compulsory adjudication lawsuit and wait for the court process to run its course.

Under the new rule, that same right can be exercised before the real estate registry office for the district where the property is located. The stated purpose of the rule is to relieve the courts and speed up cases in which there is no real dispute over the right itself, only the inaction or resistance of the seller in formalizing a transfer that is already owed.

It is important to note that the extrajudicial route did not eliminate the judicial one. Article 216-B expressly states that adjudication at the registry office takes place without prejudice to going to court. You may choose the administrative path when the requirements are met, but you remain free to turn to a judge, especially when there is a dispute.

Who Can Apply and What the Requirements Are

The party entitled to request extrajudicial adjudication is the promised buyer, or the buyer’s assignees or successors. In other words, it is whoever stands on the buying side of the deal. The request must be submitted by a lawyer, a requirement that gives the procedure technical reliability and fits the legal nature of the claim.

The first substantive requirement is an irrevocable commitment of purchase and sale, assignment, or promise of assignment. Irrevocability means that neither side can back out unilaterally: the seller is bound to transfer ownership and cannot simply walk away from the deal.

The second requirement is full payment of the agreed price. Adjudication presumes that the buyer has done their part. As a rule, someone who still owes installments is not in a position to demand the deed, because the obligation to transfer ownership is the counterpart of payment.

The third element is the seller’s refusal or inaction in executing the instrument that transfers ownership. This refusal must be proven by an extrajudicial notice giving the seller fifteen days to appear and sign the deed. If the period expires without the matter being resolved, the default that supports the request is established.

It is worth remembering that, under the settled understanding reflected in Precedent 239 of the Superior Court of Justice (STJ), the right to compulsory adjudication does not depend on prior registration of the purchase and sale commitment. That precedent remains a key reference for understanding the scope of this remedy.

Under the new rule, that same right can be exercised before the real estate registry office for the district where the property is located.

Step by Step: The Procedure at the Real Estate Registry Office

The procedure begins with the filing of a request, signed by a lawyer and addressed to the registrar of the competent real estate registry office. The request sets out the facts, identifies the legal basis, and attaches the documents that prove the buyer’s right.

Once the request is received, the registrar opens the file and reviews the documentation to check whether the legal requirements have been met. If the registrar finds issues that can be fixed, the registrar issues requirements asking the applicant to supplement the file, a common practice in registry work.

If everything is in order and no objection turns the matter into a dispute, the registrar records the acquisition in the name of the promised buyer. Ownership then passes without any need to file a lawsuit. The practical result is equivalent to that of a judgment of adjudication, with the advantage of a faster administrative path.

Notifying the seller is a central step. It can be carried out by the real estate registrar or through the registry of deeds and documents, ensuring that the other party is formally informed and has the opportunity either to comply voluntarily or to respond.

Required Documents

The request must be supported by a set of documents that objectively demonstrate the right being claimed. In general terms, the applicant must submit the following.

• The instrument of promise of purchase and sale, assignment, or succession, as applicable, which proves the underlying legal relationship.
• Proof of default, shown by the failure to execute the final deed within fifteen days, together with proof of the extrajudicial notice sent to the seller.
• A notarial record (ata notarial, an official notary’s statement of facts the notary has personally verified) drawn up by a notary public, identifying the property, the parties, and the factual situation, including payment in full and possession, where relevant.
• Certificates from the court distribution offices, intended to show that there is no significant litigation involving the property.
• Proof of payment of the Real Estate Transfer Tax (ITBI), the tax due on the transfer of ownership.
• A power of attorney with specific powers, granted to the lawyer handling the request.

The notarial record deserves special mention because it works as a faithful snapshot of the facts. The notary describes what he or she has verified, which gives the account a presumption of truthfulness and leaves less room for later challenges about payment and the seller’s refusal.

Payment of the ITBI, for its part, is a condition for registration. Because the tax applies to the transfer of real estate for consideration, the registry office will not complete the adjudication without proof of payment, subject to the rules of the municipality involved.

When Going to Court Is Still Necessary

The extrajudicial route was designed for cases in which the right is clear and the documentation is complete. Whenever a real dispute arises, the administrative procedure reaches its limits and the solution tends to shift to the courts.

The clearest example is a well-founded objection by the seller. If the other party appears and disputes that the price was paid, alleges a defect in the contract, or questions the very existence of the obligation, a conflict arises that the registrar has no authority to decide. In those cases, the dispute must be brought before a judge, who is responsible for weighing the evidence and ruling on the merits.

Situations that require the presentation of evidence also call for the judicial route, such as determining disputed payments, interpreting unclear clauses, or investigating fraud. The registry office works from ready documents and undisputed facts, not from a process of gathering evidence.

Another important scenario involves a defective chain of title, or the presence of liens and encumbrances that prevent a clean transfer of ownership. Issues such as an open probate proceeding, asset freezes, attachments, and disputes over who owns the property often make the administrative procedure unworkable and send the case to court.

The choice between the two routes, therefore, should take into account the level of resistance you expect and the strength of your documentation. Where payment can be demonstrated, the contract is irrevocable, and there is no dispute, the registry office offers the fastest path. At any sign of conflict, prudence calls for considering a lawsuit right away, avoiding the frustration of a request that will inevitably be rejected.

Frequently Asked Questions

Can someone who has paid for the property in full but has no registered contract use the extrajudicial route?

Yes, as a rule. The right to compulsory adjudication does not depend on prior registration of the purchase and sale commitment, according to Precedent 239 of the Superior Court of Justice (STJ). What matters is showing the irrevocable commitment, full payment of the price, and the seller’s refusal to execute the deed. Even so, it is wise to have a lawyer review your documents, because gaps in the chain of title may require additional steps before the request is filed.

What is the practical difference between adjudication at the registry office and a lawsuit?

The main difference lies in speed and the absence of conflict. The extrajudicial route takes place at the real estate registry office, is handled by a lawyer, and is meant for undisputed cases with complete documentation, resulting in the direct registration of ownership. A lawsuit, on the other hand, is appropriate when there is an objection, a need to present evidence, or a dispute over the contract, situations in which only a judge can decide the merits of the claim.

What happens if the seller files an objection at the registry office?

If a well-founded objection is filed, the administrative procedure reaches its end, because the registrar has no authority to decide the conflict. The matter must be submitted to the courts, where the buyer can file a compulsory adjudication lawsuit and prove their right. For that reason, the extrajudicial route is most advantageous in cases of simple refusal or inaction by the seller, with no real dispute over the obligation to transfer ownership.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.