From now on, citizens can use precatories – government debts with individuals and companies – to buy real estate from the Union. The Ministry of Economy published today (7) in the Official Diary of the Union ordinance that regulates the acquisition of public real estate through credits definitively recognized by the Courts, as in the case of precatories.
The use of precatories to buy properties sold by the Union was already provided for by the Constitutional Amendment 113/2021, enacted last year, but needed regulation to come into effect. Until now, payment could only be made in cash.
According to the Secretariat for Coordination and Governance of the Union’s Heritage (SPU), the Union has already received the first offer of a writ of mandamus for the sale of real estate. The proposal was registered in the public tender to sell a shed of the extinct Instituto Brasileiro do Café (IBC) in Espírito Santo.
How will it work
The real estate sales notices to be published by the SPU will now expressly mention the possibility of using court documents or other types of credits recognized by the Courts, owned or acquired by third parties, to settle the transactions. The agency clarifies that the possibility also applies to public notices that have already been published, even if they do not specifically mention it.
When indicating the option for the new rule, the individual or company must present, after being called for payment, documents that show that the credits offered are their own or acquired from third parties, as well as their certainty and liquidity.
The term for the settlement of the property will be 30 days from the receipt of the notification, the same interval in force for payments in cash. After this period, up to 120 days after the call, the winner will still be able to pay the amount due, but will pay monetary correction by the Broad National Consumer Price Index (IPCA) and late payment interest of 0.5% per month, pro rata.
If the credits offered are rejected, partially or totally, due to lack of necessary documentation, the proposal will be disqualified, and other penalties provided for in the public notice may be applied. In this case, the SPU will notify the purchaser for total or partial replacement of the credits or payment for another accepted modality, respecting the maximum deadlines established in the public notice.
Individuals and companies may consult the list of Union properties available for sale at Portal SalesGov. Public tenders take place daily.
