Melhores Advogados de Corretagem em São Paulo

About Corretagem Law in São Paulo, Brasil

Corretagem in Brazil refers to the activity of intermediating real estate transactions, including buying, selling and leasing property. In São Paulo, professionals performing these activities must be registered with the regional council CRECI-SP and follow the rules set by federal and state law. The core legal framework rests on federal statutes and the ethics rules enforced by CRECI-SP. This guide summarizes the key legal landscape for residents of São Paulo seeking reliable legal guidance in Corretagem matters.

The principal federal statute governing the profession is Lei 6.530/1978, which regulates the exercise of the real estate broker profession and the creation of regional councils to oversee practice, licenses, and ethics. CRECI-SP enforces these rules locally, handles registrations, and investigates complaints. Understanding these rules helps you avoid illegal brokerage practices and protect your rights in SP transactions.

Lei 6.530/1978 - Disposes about the exercise of the real estate broker profession and creation of regional councils to regulate it. Source: www.planalto.gov.br

In addition to licensing, consumer protection and tenancy frameworks apply to brokerage activities in São Paulo. The Brazilian Consumer Code, Lei 8.078/1990, governs how brokers must conduct business with clients, including advertising honesty and contract clarity. For rental transactions, the Lei do Inquilinato, Lei 8.245/1991, governs leases and broker involvement in tenancy agreements.

Code of Consumer Protection, Lei 8.078/1990 - main consumer rights framework applicable to real estate transactions. Source: www.planalto.gov.br

Why You May Need a Lawyer

Legal counsel is essential in real estate brokerage matters to prevent disputes and protect your interests. Below are concrete, São Paulo specific scenarios where a lawyer’s advice is often necessary.

• You suspect a property listing contains undisclosed liens or title defects before signing a brokerage contract or deed. A lawyer can order due diligence at the Cartório de Registro de Imóveis and interpret title reports to verify a clean matrícula (property registration).
• You receive a brokerage contract that contains vague or potentially abusive clauses about commissions, exclusivity or termination. A lawyer can negotiate clear terms and ensure compliance with Lei 6.530/1978 and consumer protection rules.
• A broker represents both sides in a São Paulo transaction, potentially creating conflicts of interest. Legal counsel can advise on ethical duties and whether dual representation is permissible under CRECI-SP rules.
• Your lease involves a broker and you face disputed commission payments after moving out. A lawyer helps interpret Lei do Inquilinato and the contract terms to resolve the dispute.
• You are a seller or buyer who faced misrepresentation or omission of material facts about a property. A lawyer can assess potential claims under the Consumer Code and civil contract law, and pursue remedies.
• You need to file a formal complaint with CRECI-SP about a broker’s conduct or advertising practices. A lawyer can assist with documentation, timelines and proceedings.

Local Laws Overview

São Paulo real estate brokerage operates under specific federal and state rules. Key laws shape licensing, contracts, and consumer protections relevant to Corretagem in SP.

• Lei nº 6.530/1978 - Regulates the profession of real estate brokers and creates CRECI regional councils to oversee practice, licensing, and ethics. This law establishes the requirement to be registered as a corretor de imóveis to legally perform brokerage activities. Planalto - Lei 6.530/1978
• Código de Defesa do Consumidor (Lei nº 8.078/1990) - Applies to real estate transactions with consumer relationships, including advertising honesty, contract clarity, and consumer rights against misrepresentation. Planeto - Lei 8078/1990
• Lei do Inquilinato (Lei nº 8.245/1991) - Governs leases and intermediary roles of brokers in rental agreements, including commissions and disclosure duties in tenancy transactions. Planalto - Lei 8245/1991

In addition to these federal statutes, São Paulo residents should consult the Conselho Regional de Corretores de Imóveis de São Paulo (CRECI-SP) for local regulations, registrations and disciplinary rules. The CRECI-SP website provides guidance on licensing, ethics, and complaint procedures specific to the state. CRECI-SP official site

Frequently Asked Questions

What is the role of a real estate broker in São Paulo?

A broker facilitates the negotiation, documentation and transfer process for residential or commercial properties. In SP, the broker must be registered with CRECI-SP and adhere to the professional code of ethics. They prepare contracts, coordinate with registries and assist in due diligence.

How do I verify a broker's license in São Paulo?

Check the broker's CRECI-SP registration number on the contract and verify it on the CRECI-SP site. A valid registration confirms the broker is authorized to practice in São Paulo and subject to state discipline.

How long does a typical brokerage contract last in São Paulo?

Contracts often specify 30 to 180 days, depending on market conditions and the property type. A lawyer can help tailor the term to your needs and the parties involved.

Do I need a lawyer to review a corretagem contract?

Yes. A lawyer reviews terms related to commissions, exclusivity, termination, and liability. This helps prevent hidden fees and unfair clauses and ensures compliance with Lei 6.530/1978 and consumer protections.

What is a typical commission for a São Paulo real estate deal?

Commission norms vary by transaction and are negotiated in the contract. A lawyer can help verify the reasonableness of the amount and ensure it aligns with local practices and legal requirements.

How can I file a complaint against a broker in São Paulo?

You can file a complaint with CRECI-SP, which handles disciplinary actions for brokers. A lawyer can assist with case preparation, evidence collection, and presenting to the council.

Can a broker represent both buyer and seller in São Paulo?

Dual representation is possible but must be disclosed to all parties and managed to avoid conflicts of interest. A lawyer can advise on disclosure obligations and best practices under CRECI-SP rules.

How long does it take to close a São Paulo real estate deal?

Closings typically range 30 to 60 days after due diligence and contract signing, depending on title clearance, financing, and registry appointments. Delays can occur if title issues arise or financing is slow.

Do I need to register with CRECI-SP to transact in real estate?

If you act as a corretor de imóveis or engage a broker to perform brokerage services, registration with CRECI-SP is required. Consumers themselves do not register, but brokers must be licensed.

How does the Code of Consumer Protection apply to brokerage?

The CDC requires truthful advertising, transparent pricing, and fair contract terms in real estate deals. It also allows redress for deceptive practices and non-disclosures by brokers.

What should I do if a broker misrepresents a property?

Document all communications and obtain the property’s title and reports. Seek guidance from a lawyer, who can address potential remedies under the Consumer Code and civil contracts.

Is advertising by brokers regulated in São Paulo?

Yes. Advertising must be truthful, clearly identify the broker, and avoid misleading claims. Violations can lead to sanctions by CRECI-SP and consumer protection authorities.

Additional Resources

Use these official resources to support your Corretagem research and actions in São Paulo.

• Planalto.gov.br - Official texts of federal laws including Lei 6.530/1978, Lei 8.078/1990 and Lei 8.245/1991. Useful for reading the exact statutory language and latest amendments. Planato - official government portal
• CRECI-SP - Regional council responsible for licensing, ethics, and disciplinary processes for real estate brokers in São Paulo. This site provides registration verification, complaint procedures, and practice guidelines. CRECI-SP official site
• Secovi SP - Market data, guidance for property transactions, and industry standards in São Paulo. Useful for context on local practices and trends while working with brokers. Secovi SP official site

Next Steps

1. Define your objective and property type to identify the appropriate legal path in São Paulo. Set a realistic timeline based on whether you are buying, selling, or leasing.
2. Confirm the broker is registered with CRECI-SP. Request their CRECI number and verify it on the CRECI-SP site before proceeding.
3. Engage a real estate lawyer who specializes in Corretagem and contract law in SP. Schedule a 60-90 minute consultation to map risks and needed documents.
4. Ask the lawyer to review any brokerage contract, including exclusivity, commission, termination, and liability clauses. Seek clarifications on any ambiguous terms.
5. Conduct due diligence on the property at the Cartório de Registro de Imóveis, including matrícula, ônus reais, and condomínio or servidões if applicable. Obtain copies and summarize findings for your records.
6. Prepare a detailed check list with all documents needed for closing. Exchange information with the broker only through written communications to maintain a clear audit trail.
7. Sign agreements only after you are satisfied with the due diligence results and the lawyer confirms compliance with Lei 6.530/1978 and consumer protection standards. Plan for a closing window of 30-60 days post signing.