Transfer title (título de transmissão)
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The título de transmissão is the document issued in the proceedings proving that the property has passed to the buyer, replacing the notarial deed in an auction purchase.
A purchase at a judicial or tax auction involves no notarial deed. The document proving the acquisition is the título de transmissão.
In civil enforcement, it is issued by the once the price has been paid in full and the tax obligations are settled. It identifies the assets, certifies payment of the price, declares that the tax obligations were met or exempt, and states the date of the (CPC article 827).
In Tax Authority sales, it is issued by the tax enforcement body. The law is explicit: ownership passes only when the transfer title is issued, after the price has been deposited and the tax obligations met (CPPT article 256(5)).
Example
Illustrative example: a buyer wins an auction on 1 March, deposits the price on 10 March and pays IMT and stamp duty on 12 March. The transfer title is issued on 20 March. They are the owner from that date, not from the day they won the auction.
In practice, at an auction
The title serves three purposes:
- Registration. It is the basis for entering the acquisition in the . In civil enforcement, the enforcement agent reports the sale to the registry; in other cases, the request must be made within two months (Land Registry Code, article 8-C).
- Requesting handover. On the basis of the title, the buyer can ask, within the same proceedings, for the property to be handed over by whoever occupies it (CPC article 828; CPPT article 256(2)).
- Updating the Tax Authority. It is used to put the property in the new owner's name in the tax register.
Keep the original and check the details (property identification, name, tax number) as soon as you receive it. See I won the auction: deadlines and next steps.