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Buying Without Traveling: Apostilled Power of Attorney, Remote Due Diligence and Closing From Abroad

How to complete an entire property purchase in Florianópolis from abroad: apostilled power of attorney, remote verification and signing through a proxy.

5 Sep 2026 · 5 min read
Buying Without Traveling: Apostilled Power of Attorney, Remote Due Diligence and Closing From Abroad

More and more foreign buyers are acquiring an oceanfront apartment in Florianópolis without boarding a plane. Brazilian law allows it, and the logistics—formal though they are—are predictable when arranged in advance. This guide walks step by step through completing the entire acquisition from abroad: the apostilled procuração (power of attorney), remote verification of the title, the foreign-exchange transfer, and signing through a proxy. It is educational material, not personalized legal advice.

1. Can you really close the purchase without setting foot in Brazil? Yes—and many do

A foreigner may buy urban property in Brazil with no residency or visa requirement: there is no immigration condition to own. The relevant restriction falls on rural land, limited by Law 5.709/1971; an urban apartment or house in Florianópolis sits outside that regime. In practice, most non-resident buyers close remotely, granting a power of attorney to a lawyer or trusted person in Brazil who signs on their behalf. What makes a remote closing work is not a shortcut but having three pieces in order: a CPF, a procuração with specific powers, and complete due diligence before any money moves.

2. The power-of-attorney chain: from the local notary to specific powers

A purchase that requires a public deed also requires the power of attorney to be public, its form matching that of the act to be performed (Civil Code, art. 657). The procuração is the instrument of the mandate (art. 653), and acquiring real estate takes more than a general power of administration: it needs special and express powers (art. 661, §1).

Two routes to grant the power from abroad

  • Local notary + apostille + sworn translation. Sign the power before a notary in your country of residence, apostille it, and send it to Brazil for sworn translation.
  • Brazilian consulate. The consulate acts as a Brazilian notary and issues a public power valid throughout Brazil, accepted directly with no apostille or translation.

The Hague Apostille and sworn translation

Brazil has been part of the Hague Apostille Convention since 2016. A foreign document is apostilled in the country where it was issued—Brazil apostilles only Brazilian documents—and, even apostilled, takes effect in Brazil only with a sworn translation by a registered public translator (tradutor juramentado).

Powers that name the property and a price ceiling

The power must be precise. Specialists recommend that it authorize, among other things, to “buy the property located at [address / registration number] for a price of up to R$ [amount],” sign the public deed, pay the price, declare and pay the ITBI, and request registration. Naming the property and setting a price ceiling is what protects against misuse of the power. The Brazilian Notary College’s e-Notariado system lets those with a digital certificate grant powers of attorney remotely by video, and lets anyone check whether a power is still in force or has been revoked; a mandate does not lapse merely with the passage of time, but through the causes in art. 682 (revocation, death, etc.).

3. Remote CPF, bank account and foreign exchange

The CPF (taxpayer number) is mandatory: no deed is issued without the buyer’s CPF, and no bank account is opened—or Pix used—without one. It can be obtained without traveling, by two routes: the Brazilian consulate (the e-consular system, with slots that can take from 15 days to several months) or an attorney before the Receita Federal, typically processed in 3 to 5 business days. The official fee in Brazil is around BRL 7; remote assistance services are priced separately (on the order of USD 325 at some firms).

To pay, funds should enter through a formal foreign-exchange contract (contrato de câmbio) via an authorized institution: the Central Bank requires proof that foreign capital entered through legal channels, and that record is key to repatriating the money later. Foreign buyers must also document the source of funds (anti-fraud and anti-money-laundering procedures).

4. Remote due diligence: matrícula, liens and the seller’s certificates

All verification can be done remotely, and this is the stage not to skip. The minimum package includes:

  • Up-to-date matrícula from the Real Estate Registry (Cartório de Registro de Imóveis): the property’s chain of title.
  • Certidão de ônus reais: mortgages, encumbrances and registered attachments (penhoras).
  • Municipal clearance certificates (IPTU paid up) and condominium-debt certificates.
  • Seller’s certificates from the federal, state, labor and civil courts.

The seller’s certificates are no formality: a property can look pristine on the matrícula while the seller carries lawsuits that let a creditor unwind the purchase years later (fraude à execução). This phase usually takes 10 to 15 business days.

5. The proxy signs the deed, pays the ITBI and registers it

With clean due diligence, the proxy signs the public deed of sale before a Cartório de Notas—mandatory when the value exceeds 30 minimum wages (Civil Code art. 108; about R$ 42,360 in 2026). But the deed alone does not transfer ownership: you must pay the ITBI (municipal transfer tax) and take the title to the Cartório de Registro de Imóveis to register it on the matrícula. Only that registration transfers title (Civil Code art. 1,245). The ITBI is around 2%–3% of the price and varies by município.

6. Costs, timelines and common pitfalls

Orders of magnitude (they vary by cartório and state)

  • Procuração: consular route USD 80–200; signing + apostille abroad USD 70–450; international shipping R$ 80–300; sworn translation R$ 250–500 per page. Total: 2 to 7 weeks.
  • Due diligence: 10–15 business days.
  • Closing costs: on the order of 5%–6% of the price (ITBI 2%–3%, plus notary and registry fees).

Common pitfalls

  • A generic power that names neither the property nor a price ceiling—usually rejected at the notary.
  • Apostilling the wrong document, or presenting it without a sworn translation.
  • Not checking on e-Notariado whether the power is still in force.
  • Skipping the seller’s certificates and exposing yourself to fraude à execução.
  • Failing to formalize the câmbio contract, jeopardizing future repatriation.
  • Believing the deed already transfers ownership: without registration, there is no title.

This article is for information only and is not legal advice. A remote purchase concentrates risks—powers of attorney, taxes, registration and foreign exchange—that deserve a case-by-case review: work with a licensed Brazilian real-estate lawyer and a trusted despachante or cartório before signing or transferring funds.

Sources

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