Sales Process

Short answer: Yes, you can sell your property even with a tenant in place. An active lease does not prevent a sale. But there’s a mandatory procedure: the tenant must be formally notified and has a right of first refusal for 30 days. Once the sale closes, the tenant has 90 days to move out.

What the law says

Brazil’s Tenancy Law (Lei do Inquilinato, Law 8.245/91) allows a property to be sold while a lease is in effect, but it guarantees the tenant two fundamental rights: the right of first refusal to buy (art. 27) and a 90-day period to move out after the sale (art. 8).

How it works in practice — step by step

1. Formal notice: Regente’s lease termination team (Bruno) sends the tenant a letter stating the intent to sell and the terms being offered (price, payment method). Notice must be in writing, with proof of receipt.
2. 30-day window: The tenant has 30 days to state interest in buying the property under the same terms. If they don’t respond or decline, they lose the right of first refusal.
3. Formal waiver: If the tenant isn’t interested, Regente collects a written waiver of the right of first refusal. Once that’s done, showings to other buyers can begin without restriction.
4. Sale to a third party: The process proceeds as usual — listing, showings, offer, contract, deed.
5. Move-out deadline: After the sale is recorded on the property’s title (matrícula), the tenant has 90 days to leave. This period is guaranteed by law and cannot be shortened unilaterally by the new owner.
6. Rent during the transition: From the point of full payment or title registration, rent payments go entirely to the new owner. The new owner must notify the real estate agency of the transfer.

What if the tenant wants to buy?

If the tenant exercises the right of first refusal and decides to buy the property, the entire process (commission, documentation, follow-through) is still handled by Regente. The brokerage arrangement doesn’t change just because the buyer is the tenant.

Can showings happen before the waiver?

No. Before the formal waiver or the expiration of the 30-day window, the property cannot be shown to other buyers. The tenant has a right to privacy in the property they occupy — the owner cannot enter without consent to conduct showings.

Is a rented property less attractive to buyers?

Not always. Many buyers, especially investors, actually look for properties that are already rented — immediate income is an appeal. The catch is timing: buyers who want to move in themselves will need to wait the 90 days after the purchase.

Practical example

An owner in Itacorubi decided to sell an apartment with an active lease. Regente notified the tenant. After 30 days with no response, the waiver letter was signed. The property was opened for showings: an interested buyer (an investor) closed the deal in 3 weeks. The deed was executed. The tenant received the 90-day period and moved out on day 75. The owner kept collecting rent until the end of the lease, and the commission was only charged once the sale was finalized.

Related questions

• How does the property sale process work at Regente?
• What is the real estate agency’s commission on a property sale?
• What is the move-in/move-out inspection, and why does it matter?

Is your property rented out and you want to sell it? Talk to Regente — we handle the whole process.

Short answer: Income tax only applies if you sell a property for more than you paid for it — that difference is called a capital gain. But there are four important exemptions: selling your only property for up to R$ 440,000, reinvesting the proceeds in another property within 180 days, properties acquired before 1969, and monthly gains up to R$ 35,000. Many property owners qualify for an exemption without realizing it.

What a capital gain is

A capital gain is the difference between the price you sold the property for and the price you originally paid (acquisition cost). If you bought it for R$ 300,000 and sold it for R$ 500,000, the capital gain is R$ 200,000. Income tax, when due, applies to that gain — not to the total sale price.

The four exemptions you need to know

1. Only property, up to R$ 440,000

If the property sold is the only one in your name and the sale price does not exceed R$ 440,000, the capital gain is exempt from income tax — provided you haven’t sold another property in the last 5 years. This is the most common exemption among sellers of residential property.

2. Reinvestment within 180 days

If you use the full proceeds of the sale to buy another residential property in Brazil within 180 days, the capital gain is exempt. This benefit can be used once every 5 years. Important: if you use only part of the proceeds, the exemption applies proportionally.

3. Property acquired before 1969

Properties bought on or before December 31, 1969 are fully exempt. For properties acquired between 1970 and 1988, a progressive reduction factor lowers the taxable gain — the older the acquisition, the lower the tax.

4. Monthly gain up to R$ 35,000

If the total gain from asset sales in a given month does not exceed R$ 35,000, the gain is automatically exempt. This exemption can apply to lower-value properties.

When income tax is due — rates

Outside of the exemptions, real estate capital gains are taxed progressively:

• Gain up to R$ 5 million: 15%
• Gain between R$ 5 million and R$ 10 million: 17.5%
• Gain between R$ 10 million and R$ 30 million: 20%
• Gain above R$ 30 million: 22.5%

How and when to pay

Capital gains tax on real estate isn’t reported in the regular annual tax return — it’s calculated and paid the month after the sale, via GCAP (the Brazilian tax authority’s official capital gains program). The deadline is the last business day of the month following the sale.

Note: late payment triggers a 0.33% daily penalty (capped at 20%) plus interest based on the Selic rate (Brazil’s benchmark interest rate).

Practical example

An owner sells an apartment in Itacorubi for R$ 650,000. They bought it for R$ 380,000 in 2015. Capital gain: R$ 270,000. They own two other properties (so the only-property exemption doesn’t apply). They don’t plan to reinvest within 180 days. Tax due: 15% × R$ 270,000 = R$ 40,500, to be paid via GCAP by the last business day of the month following the sale.

Does Regente advise on tax matters?

No. Capital gains tax matters are the owner’s responsibility, together with their accountant. Regente guides you through the general process, but calculating the tax requires specialized accounting or tax advice.

Related questions

• What is the real estate agency’s commission on a property sale?
• How does the property sale process work at Regente?
• What is ITBI, and who pays it?

Thinking of selling and want to understand the total costs? Talk to a Regente agent.

Short answer: For most owners, exclusivity leads to a faster sale, better pricing, and less hassle. The risk of listing a property with multiple agencies at once is well documented: the property starts to look “stuck,” prices become inconsistent across listing portals, and no single agency truly invests in marketing it.

What real estate exclusivity means

Exclusivity is a formal agreement in which the owner authorizes only one agency to broker the sale for a set period. If the property sells during that period — even if the owner finds the buyer themselves — the commission is still owed to the contracted agency.

Why exclusivity benefits the owner

1. The agency actually invests

Without exclusivity, an agency knows another one might close the deal first. Result: none of them invest in professional photos, videos, paid campaigns, or priority service. With exclusivity, that investment makes sense — the agency knows it will reap the results.

2. Consistent pricing across portals

A property listed with multiple agencies often shows up with different prices across listing portals — a sign of disorganization that scares off serious buyers. With exclusivity, there’s a single price, a single description, a single strategy.

3. The property doesn’t look “stuck”

When the same property shows up on 5 portals with 5 different listing agents for months, buyers read it as a red flag. Exclusivity avoids that perception and preserves the property’s perceived value.

4. Centralized management

One point of contact, one showing schedule, one negotiation channel. No conflicting information, no competing agents from different agencies fighting over the same lead.

When exclusivity can be a problem

• If the agency doesn’t deliver on what it promised (weak marketing, few showings, no feedback) — which is why the contract should include a termination clause for non-performance
• If the term is too long and the market shifts — which is why contracts with a reasonable term (60 to 90 days) and optional renewal are better balanced

What to check before signing

• Does the contract have a defined term? (avoid open-ended contracts)
• Is there a termination clause for the agency’s non-performance?
• What marketing actions are committed to in writing?
• How often will you receive feedback on showings and buyer interest?

At Regente

Regente formalizes the listing agreement with a Disclosure Authorization, a Management Contract, and a Power of Attorney — all signed digitally. Nathalia (the listing agent) serves as the main point of contact, providing the owner with regular feedback on showings, offers, and market perception.

Related questions

• How does the property sale process work at Regente?
• What is the real estate agency’s commission on a property sale?
• Can I sell my property if it’s currently rented out?

Want to understand what Regente actually does? Talk to an agent.

Short answer: The process runs from a technical appraisal all the way to the notary deed, with a dedicated team at every stage. The owner gets an exclusive listing agent (Nathalia), the Sales Manager oversees financing, and everything is signed digitally — no paperwork.

Stage 1 — Appraisal and listing

Nathalia, Regente’s listing agent, visits the property and appraises it using the Direct Market Comparison Method — comparing it to similar properties recently sold in the same area. The goal is a price that maximizes the speed of the sale without leaving money on the table.

The owner then digitally signs three documents:

• Disclosure Authorization: allows Regente to advertise the property
• Management Contract: formalizes the terms and responsibilities of the sale
• Power of Attorney: authorizes Regente to carry out specific acts on the owner’s behalf

Stage 2 — Marketing and showings

Maiara registers the property in Regente’s CRM and activates listings on real estate portals. Professional photos and a yard sign round out the package. Leads come in through every channel (portals, website, WhatsApp, phone) and are handled by the sales agents.

Showings are scheduled in advance. The owner receives regular feedback from Nathalia on the number of showings, buyer interest, and how the market is pricing the property.

Stage 3 — Offer and negotiation

When a buyer submits an offer, Scheila (the Sales Manager) negotiates terms with the owner. Regente never accepts an offer without the owner’s explicit approval — the owner makes the final call.

Offer accepted → reservation document → start of the formalization process.

Stage 4 — Contract and financing

The purchase and sale agreement (promessa de compra e venda) is signed digitally. If the buyer is financing the purchase, the Sales Manager follows the entire process with the bank — credit analysis, the bank’s own property appraisal, approval, and disbursement.

Stage 5 — Deed and registration

Once financing is approved (or payment is made in full), the next step is the notary deed. ITBI (Brazil’s real estate transfer tax) is paid by the buyer before the deed is executed. The deed is signed by both parties and then registered at the Real Estate Registry Office. Registration is what officially transfers ownership.

What the owner needs to do

• Provide the property’s documents: updated title certificate (matrícula), property tax records, occupancy permit (habite-se), if required
• Personal certificates: ID, CPF, marital status certificate, negative certificates for taxes and lawsuits
• Respond to Regente’s feedback on offers and price adjustments, if needed
• If the property is rented: wait for tenant notification and any waiver of the right of first refusal before allowing showings

Practical example

An owner in Córrego Grande signed a listing agreement in February. Photos and marketing were ready within 3 days. First qualified showing the following week. Offer received and accepted on day 18. The buyer financed through Caixa (Brazil’s federal housing bank) — approval took 40 days. The deed was executed on day 62 after the listing began. The owner followed the whole process through Nathalia, without needing to visit the bank or notary in person.

Related questions

• What is the real estate agency’s commission on a property sale?
• Is it worth giving a real estate agency exclusivity?
• Can I sell my property if it’s currently rented out?
• Do I have to pay income tax when I sell my property?

Want a free appraisal of your property? Talk to Regente.

Short answer: The commission is paid by the seller and ranges from 5% to 6% of the sale price, depending on the type of property. For pre-owned properties, the CRECI-SC (Santa Catarina’s real estate brokers’ council) reference rate is 6%. For new properties, it’s 5%. The fee is only charged once the sale closes — there’s no upfront cost to the owner.

Who pays, and when

The brokerage commission is the seller’s (owner’s) responsibility, not the buyer’s. It’s only owed once the sale closes — if the property doesn’t sell, there’s no charge. Regente does not charge any upfront listing fees.

Reference rates (CRECI-SC)

• Pre-owned property (residential or commercial): 6% of the total sale price
• New property / new development: 5% of the total sale price

These rates follow the fee schedule set by CRECI-SC (Santa Catarina’s Regional Council of Real Estate Brokers). The exact amount can vary based on the terms negotiated in the listing agreement.

What the commission covers

When you hire Regente to sell your property, the commission covers:

• Technical appraisal of the property using the Direct Market Comparison Method
• Professional photos, a yard sign, and registration in the CRM (customer relationship management system)
• Marketing on real estate portals and Regente’s own channels
• Handling leads and conducting showings
• Negotiating offers with the buyer
• Following the financing process (when the buyer is financing)
• Support through to the deed and registration at the notary office

Practical example

A pre-owned property sold for R$ 500,000: a 6% commission = R$ 30,000, paid by the seller once the sale closes. The buyer separately pays ITBI (2% of the sale price = R$ 10,000 in Florianópolis) and notary costs.

What about ITBI — is that a cost for the seller?

No. ITBI (Brazil’s real estate transfer tax) is the buyer’s obligation, not the seller’s. In Florianópolis, the standard rate is 2% of the transaction value.

Does the seller pay income tax?

It depends. If you sell the property for more than you paid for it (a capital gain), income tax may apply. But there are important exemptions — see the FAQ Do I have to pay income tax when I sell my property? to find out if you qualify for an exemption.

Related questions

• Is it worth giving a real estate agency exclusivity?
• Do I have to pay income tax when I sell my property?
• How does the property sale process work at Regente?

Want to know what your property is worth and what’s included in a sale? Talk to Regente.