Buying an off-plan property in João Pessoa: how it works and what to check

Buying off-plan in João Pessoa requires checking the incorporation memorandum registered at the Real Estate Registry Office.

Buying an off-plan property means acquiring a unit that has not yet been built, based on the project and the conditions described by the developer. In Brazil, this type of transaction is governed by the Condominium and Incorporation Law (Law No. 4,591/1964), which requires the developer to register the so-called incorporation memorandum at the Real Estate Registry Office for the region where the development will be built — in the case of João Pessoa, the office with jurisdiction over the property's neighborhood.

The incorporation memorandum is a public document, available for consultation before signing any contract. It details the architectural project, material specifications, the size of the units and common areas, the construction schedule, and the general sale conditions. Without this registration, the incorporation is considered irregular, which exposes the buyer to risks such as delays with no defined deadline, unilateral changes to the project, and difficulty recovering amounts paid in case of problems with the builder.

Before signing, it is advisable to ask the developer or the real estate agent for a copy of the memorandum and compare it with what is being advertised. It is also worth checking whether the developer is registered with CRECI-PB, whether the land is free of liens, and whether the contract includes clear clauses on price adjustment, penalties for delayed delivery, and refunds in case of contract termination — points that, in practice, generate a large share of the disputes involving off-plan purchases in the country.