Lawyer fees to transfer property title

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PlantaFULL

New member
Oct 21, 2004
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What would be a reasonable lawyer fee for handling a title transfer nowadays? I understand it takes around 2 months to get the title under the new laws and that I could run around the tribunal de tierra etc and do it all myself. Nothing apart from the title transfer is involved. Sale contract etc is all taken care of.

Do/should a lawyer charge in % of the contract value, or should it be a flat fee regardless of value?

PS: This is in SD and contact value is R$ 7 mil.
 
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JAMIE

New member
Jun 10, 2002
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1. IRS (Tax Dept.) will collect transfer tax based on ****MARKET ESTIMATED VALUE ***** from their tax guy., not your contract value.
2. If I remember right, under R$ 5 million, 3% transfer tax., if it is over R $ 5 million., I think it is 5% (Can someone help and correct if I am wrong... tks)
3. Starting from Jan. 2009, I have heard that the DGII has increased the transfer taxes collection a lot more than before, do not surprised, I think it is about 30% or 40 % more., you can verify that again.
4. transfer title.... wow., you have to tip someone for sure who is working in the registration office. Otherwise, you docs may sitting there for 2-3 months.
5. lawyer fee, normally they charge 6% of the property value, but you can bargain and detail your payment method when certain things done then you release the payment.
6. Overall., look for 2-3 lawyers and ask them., be careful how they charge you....... sorry to say that, but I am not too confident about DR's lawyer (most of them).
GOOD LUCK..... wish this can help you a little bit......
 
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poppete

New member
Mar 26, 2009
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Jamie is right you should check with atleast two firms. I went to one of the larger firms and asked for a new lawyer in the firm. They get the least money and the other more experienced lawyers will help them. Don't forget about the new deslende law and you might consider title insurance through Stewart Title and I also hear Fidelity is in the country now.
 
K

kristen

Member
Jan 17, 2009
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I have been dealing with ariza guzman firm and have had nothing but good service .go on their site and everything is detailed
 
P

PlantaFULL

New member
Oct 21, 2004
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Thanks for your replies. Here is an update:

Got a laywer recommended from someone at Ariza. Lawyer is getting R$25k + R$3800 for legalization/notarizing stuff.

Transfer taxes on the property came out to R$118k, its in Mirador Sur, Penthouse 5 + 6th floor 196m2 + 20m2 terrace.

Strangly the IPI/IVSS paper put it at 260m2,who knows maybe they add up parking spaces too. Estimated value came to R$3.5mil. We obviously wrote an 2nd contract only slightly above that value instead of the "real" contract.

Lawyers and other parties involved told me the transfer processes have been going somewhat fast lately, as fast as 40days. Not holding my breath for that tho :)
 
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