Compra Ad Corpus Template for Brasil

When you're buying or selling real estate in Brazil, you need to understand the Compra Ad Corpus agreement, a specialized contract type that prioritizes the physical characteristics of property over exact measurements. This legal instrument, governed by Article 500, §3º of the Brazilian Civil Code, ensures that minor discrepancies between declared and actual property areas don't invalidate your transaction.

When do you need this document?

You'll need a Compra Ad Corpus agreement when purchasing or selling residential properties, commercial real estate, or land where precise area measurements aren't the primary concern. This contract type is particularly valuable for older properties where original surveys may be imprecise, rural properties with natural boundaries, or urban properties where small measurement variations are common. Real estate developers frequently use this agreement type when selling individual units in subdivisions, and it's essential for transactions involving properties with irregular shapes or boundaries defined by natural features like rivers or hills.

Key legal considerations

Your Compra Ad Corpus contract must include a specific clause declaring that the sale is made "ad corpus," meaning the property is sold as a complete unit regardless of exact measurements. You need to ensure proper identification of both parties with complete personal information including CPF, RG, and addresses. The contract must contain detailed property descriptions including registration number, location, and physical characteristics. Price and payment terms require clear specification, including total value, payment schedule, and settlement conditions. You should also include provisions for property transfer procedures, potential encumbrances, and dispute resolution mechanisms. The Consumer Protection Code (Lei 8.078/1990) may apply if you're purchasing from a developer, providing additional protections.

Legal requirements in Brasil

Under Brazilian law, your Compra Ad Corpus agreement must comply with the Civil Code's general provisions for purchase and sale contracts (Articles 481-532). You must ensure the contract includes the ad corpus declaration as specified in Article 500, §3º, clearly stating that area measurements are merely informative. For urban land transactions, compliance with Lei 6.766/1979 (Urban Land Subdivision Law) is mandatory, while installment sales must follow Decree-Law 58/1937 regulations. Property registration requirements demand that your contract be properly executed and registered with the local Real Estate Registry Office. You should verify that all property taxes are current and obtain necessary municipal clearances. The contract must be signed by both parties before notarization, and you'll need to provide proof of legal capacity to enter the agreement. Foreign buyers must comply with additional requirements under Law 5.709/1971 regarding foreign ownership of rural property.