---
slug: prazo-maximo-retrovenda
lang: en
titulo: Maximum decadence period for the seller to reclaim a property under right of repurchase is 3 years
resposta: The maximum decadence period for the seller to exercise the right of repurchase is 3 years, counted from the date of the contract.
curto: Repurchase: 3 years
tema: Governance
revisada: 2026-10-02
proxima: 2027-04-02
---

## Data
| Who | Period | Condition | Source | Data of record |
|---|---|---|---|---|
| Property seller | 3 years | Reclaiming the property by returning the price and reimbursing authorized expenses | Law No. 10.406/2002 (Civil Code), art. 505 | 10/01/2002 |

Data consulted on 02/10/2026.

## Basis
- [Law No. 10.406/2002 (Civil Code, Planalto)](https://www.planalto.gov.br/ccivil_03/leis/2002/l10406.htm) (Planalto, in Portuguese): Article 505 establishes that the seller of a property may reserve the right to reclaim it within a maximum decadence period of 3 years, by returning the received price and reimbursing the buyer’s expenses.

## How it applies
The right of repurchase is exercised by the seller by fully returning the price paid by the buyer, plus authorized or necessary expenses for the property. The 3-year period is decadential, meaning it does not require prior notification from the buyer and starts automatically upon signing the sales contract with a repurchase clause.

## Limits
- The 3-year period is non-extendable and does not allow suspension or interruption by the parties' actions (art. 505).
- The repurchase right is only valid if expressly agreed in the property sales contract.
- The right does not extend to third-party buyers in good faith, unless the original seller exercises the repurchase within the legal period.
- The text does not address cases of express waiver of the repurchase right or subsequent contractual changes.
- Subsequent legislative changes must be verified directly at the source (Planalto).