Atlas · Capital markets
Maximum deadline to exercise right of preference in preemption is 180 days (movable) or 2 years (immovable)
AnswerThe maximum deadline to exercise the right of preference in preemption is 180 days (movable property) or 2 years (immovable property), as per the Civil Code.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Maximum deadline | Type of property | Source | Data of record |
|---|---|---|---|---|
| Buyer or third acquirer | 180 days | Movable | Law No. 10.406/2002 (Civil Code), art. 513, paragraph only | 10/01/2002 |
| Buyer or third acquirer | 2 years | Immovable | Law No. 10.406/2002 (Civil Code), art. 513, paragraph only | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto) (Planalto, in Portuguese): Article 513, paragraph only, establishes the maximum deadline for exercising the right of preference in preemption, differentiating movable (180 days) and immovable (2 years) property.
How it applies
The right of preference (preemption) obliges the buyer to offer the seller the property they intend to sell or use as payment, so that the seller can exercise their right of priority. The maximum deadline to exercise this right is set at 180 days for movable property and 2 years for immovable property, as per Article 513, paragraph only, of the Civil Code. If no deadline is stipulated in the contract, the legal deadline applies.
Limits
- The 180-day deadline for movable property and 2-year deadline for immovable property is the legal maximum, and it may be reduced by mutual agreement between the parties (Art. 516).
- If the right of preference is granted to two or more individuals jointly, it can only be exercised in relation to the property as a whole (Art. 517).
- The right of preference cannot be assigned or passed to heirs (Art. 520).
- This card covers only the legal maximum deadline; cases of preference in condominiums (Art. 1.510-D of Law No. 13.465/2017) or other special regimes are not included.
- Any subsequent changes to the Civil Code must be verified in the official source (Planalto).