In negotiations involving real estate, contracts are of vital importance. They are the documents that oblige the parties to comply with the agreement they have entered into in writing. In this sense, it is essential to be well advised by a Real State Agent, a professional qualified to stipulate, according to the law, the contractual instruments, in addition to clarifying doubts and indicating the necessary paths to achieve the best deal.
Contracts, as a general rule, are written, and must be reproduced and signed in at least two copies of equal content and form. Each contracting party must read the document in full, sign it and get de notary public seal when necessary. It is interesting, and will give strength to the agreement established, that two witnesses present at the act also sign, freely and consciously, avoiding the incidence of consent vices in the future.
Civil Code (2002). Art. 422. The contractors are obliged to keep, both at the conclusion of the contract, as well as in its execution, the principles of probity and good faith.
The most common contracts in the real estate context are buy-and-sell, lease (including seasonal rent), donation and lending. In business involving high values, it is interesting to establish a preliminary contract: the “arras” contract (first payment installment).
Regardless of the agreement to be signed, it is certain that the qualified professional will write the clauses most appropriate to those adjustment of interests, and may even avoid annoyances in the course or in the conclusion of the deal. For this reason, it is absolutely inadvisable to copy “ready-made models” on the internet, since the text may not be in accordance with the law, or even the will of the parties.
Don’t take any chances, consult a Real State Agent.
