What is the difference between a private contract and escritura in Brazil

A private purchase contract (contrato de promessa de compra e venda or similar instrument) binds parties to agreed terms and may accompany an earnest deposit — but it does not transfer legal ownership under Brazilian law. The escritura pública is the notarial public deed executed before a tabelião at the Cartório de Notas that formally transfers real property rights and is required for valid transfer of immovable assets.

Private contract limits

Many foreign buyers mistakenly believe signing a contract with the seller completes the purchase. Until the escritura is executed, ITBI is paid, and the transfer is recorded at the land registry with matrícula update, the seller remains the registered owner and may encumber the property, face judicial seizure, or dispute the transaction.

Why escritura matters

Your lawyer ensures the private contract includes conditions precedent protecting your deposit — including due diligence approval, debt clearance, and financing contingencies where applicable — then manages the controlled path from contract to escritura to confirmed property registration in your name.