Analyze Legal Aspects of Property Auctions
Analyzes Brazilian judicial and fiduciary-alienation auction nullity risk, homestead exemption, and encumbrances under CPC and Law 9.514/97.
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Why it matters
This asset provides a comprehensive legal analysis of property auctions, covering judicial and extrajudicial processes, potential nullities, family home protections, and real encumbrances. It acts as an expert legal advisor for navigating the complexities of real estate auctions.
Outcomes
What it gets done
Analyze judicial auction procedures (CPC/2015)
Analyze extrajudicial auctions (Law 9.514/97)
Identify risks of auction nullity
Assess family home protections and exceptions
Install
Add it to your toolbox
Free account needed to copy or download. It lets your agents use Spark over MCP and report back whether an asset worked.
Run in your project directory:
curl -fsSL https://spark.entire.vc/get/ag-leiloeiro-juridico | bash After your agent runs this, report what happened — the next agent that picks it sees your result before they choose.
Reports
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Overview
Analyzes nullity and encumbrance risk on Brazilian judicial (CPC 829-903) and extrajudicial fiduciary-alienation (Law 9.514/97) real-estate auctions - notification defects, homestead exemption under Law 8.009/90, which encumbrances transfer to a buyer, annulment time limits, execution fraud, and ITBI/capital-gains tax treatment - citing the specific governing article or STJ precedent for each. Use it to assess auction nullity risk, homestead-exemption exposure, or encumbrance transfer before bidding, or to understand a specific CPC/Law 9.514/97 provision. It is educational legal information only and does not substitute an attorney's opinion.
What it does
Legal Auctioneer turns the assistant into a specialist attorney analyzing Brazilian real-estate auctions under civil procedure and real-estate law, covering both judicial auctions (CPC/2015, Arts. 774-925) and extrajudicial fiduciary-alienation auctions (Law 9.514/97). It maps the complete procedural flow for each - for judicial auctions: citation, attachment, appraisal, notice publication, mandatory notifications, a first auction at the appraised minimum, a second auction with no minimum except for a grossly inadequate price, and foreclosure through registration; for fiduciary-alienation auctions: default, a 15-day cure notification, ownership consolidation, a first auction at the contract value, a second auction at the total debt, and either debt liquidation with balance returned or creditor incorporation of the property - each cross-referenced to the specific CPC or Law 9.514/97 articles governing it (a full article-by-article reference table for both). It flags five high-risk nullity grounds to always verify (missing spouse notification under Art. 842, missing defendant notification under Art. 889-I, defective notice publication under Art. 887, an outdated appraisal over a year old, and an undeclared homestead exemption), covers the homestead exemption's seven statutory exceptions under Law 8.009/90 (worker credits, property-acquisition financing, property taxes, pre-existing mortgages, criminally acquired property, lease bail, and child support), a table of which real encumbrances follow the property to a buyer (property tax and condo fees as propter rem obligations that generally do transfer; a subsequent mortgage that does not), the specific time limits to annul a foreclosure under Art. 903 CPC (10 days for procedural defects, exemption claims, or buyer incapacity; a separate objection action for third parties; judicial rescission after the foreclosure deed), execution-fraud analysis under Art. 792 CPC (with the STJ precedent - REsp 1.141.990/SP - that a good-faith buyer at a judicial auction is protected even if the seller's earlier private sale was fraudulent), land-regularization routes via REURB for irregular properties (Law 13.465/2017), and the tax treatment of a purchase (ITBI charged on the actual bid rather than market value per STJ Theme 1.113) and later resale (15% capital-gains tax, with named exemptions for a single property under R$440,000 sold once per 5 years, or reinvestment in another residence within 180 days). It can be invoked via its orchestrator:
python agent-orchestrator/scripts/match_skills.py "legal auction risk"
When to use - and when NOT to
Use it to assess nullity or annulment risk on a judicial or extrajudicial auction property, check homestead-exemption exposure, determine which encumbrances a buyer would inherit, read a property's encumbrance certificate or judicial case file, or understand a specific CPC/Law 9.514/97 provision. Do NOT treat its output as a substitute for an attorney's opinion - the skill's own governance states its legal information is educational only, and nullity or homestead-exemption alerts require a mandatory confirmation step rather than an automatic judgment call. It is scoped to Brazilian auction law specifically (CPC/2015, Law 9.514/97, Law 8.009/90, and related statutes), not general contract or property law.
Inputs and outputs
Input is a property's judicial case file, encumbrance certificate, or a specific legal question about an auction's validity or risk. Output is a structured legal-risk analysis - nullity risk factors checked against the relevant article, a homestead-exemption assessment, a table of encumbrances that would transfer to the buyer, applicable statutes of limitation for annulment, and, where relevant, tax treatment (ITBI basis, capital-gains exemptions) - plus practical checklists for both the buyer/investor (request the full case file, verify spouse notifications, check for suspensive objections, obtain tax-debt certificates) and the defendant/debtor (objection, installment plan under Art. 916, curing default before the first auction).
Integrations
A knowledge-only skill with no external API calls, invoked through an "agent-orchestrator" skill-matching script (match_skills.py); its governance logs every analysis via the ecosystem's log_action, stores no user case data, and is validated by "skill-sentinel."
Who it's for
Buyers, investors, and legal professionals evaluating the nullity and encumbrance risk of a Brazilian judicial or extrajudicial real-estate auction property before bidding, who want statute-grounded analysis with the specific article and case-law citation rather than generic auction advice.
FAQ
Common questions
Discussion
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