Real Estate Legal Services in Portugal
Legal assistance for buying or selling property in Portugal
Buying or selling property in Portugal involves important legal and financial commitments.
Whether you are purchasing a home, investing in Portuguese real estate or selling a property, having independent legal advice can help you understand the transaction, identify potential risks and protect your interests.
Lawyer admitted to the Paris Bar and registered with the Lisbon Bar. I assist international buyers, sellers and investors with real estate transactions in Portugal.
I provide personalised legal support in English and French, from the initial review of the property documentation through to the completion of the transaction.
Buying Property in Portugal
Legal support throughout your purchase
Purchasing a property involves several stages, each requiring careful legal consideration.
I assist buyers with the following steps.
Before committing to a purchase, it is essential to verify the property's legal and administrative situation.
Depending on the circumstances, my review may include:
- Ownership and registration details.
- Land Registry documentation (certidão permanente).
- Tax registration and property information (caderneta predial).
- Relevant planning and licensing documentation.
- Existing mortgages, charges or other registered encumbrances.
- Condominium documentation and outstanding charges, where applicable.
- Other legal issues relevant to the proposed acquisition.
The objective is to identify potential risks before you enter into binding contractual commitments.
The Contrato-Promessa de Compra e Venda (CPCV) is an important stage of many Portuguese real estate transactions.
I assist with drafting, reviewing and negotiating the agreement, paying particular attention to:
- The identification of the property and the parties.
- The purchase price and deposit (sinal).
- The conditions and deadlines for completion.
- Contractual obligations and remedies in the event of non-performance.
- Protective clauses relating to bank financing, where appropriate.
- Other conditions specific to your transaction.
I also advise on the applicable requirements concerning the execution and authentication of signatures.
If you are financing your purchase through a Portuguese bank, I can assist with the legal aspects of the financing process and coordinate relevant steps with the bank or mortgage intermediary.
I also assist with the preparation and issuance of the payment documents (guias de pagamento) for the applicable acquisition taxes, including:
- Property Transfer Tax (Imposto Municipal sobre as Transmissões Onerosas de Imóveis, or IMT).
- Stamp Duty (Imposto do Selo, or IS).
The taxes and any applicable exemptions depend on the circumstances of the transaction and the buyer.
I assist with preparing for and attending the final signing of the transaction, whether through a notarial deed or another legally accepted form of completion.
My assistance may include:
- Reviewing the final transaction documentation.
- Coordinating with the notary, solicitor or other competent professional.
- Checking the legal conditions for completion.
- Attending the signing and providing explanations or interpretation where required.
- Assisting with the relevant post-completion registration formalities.
Selling Property in Portugal
Legal assistance to prepare and complete your sale
Selling a property also requires careful preparation, particularly when the owner lives abroad or cannot attend the transaction in person.
I assist sellers with:
- Reviewing the property's legal documentation.
- Identifying legal or administrative issues that should be addressed before the sale.
- Reviewing and negotiating the CPCV.
- Advising on contractual obligations and completion deadlines.
- Coordinating the legal documentation required for the final deed.
- Assisting with completion and, where appropriate, representation by power of attorney.
My role is to help you anticipate potential difficulties and complete the transaction with greater legal certainty.
Buying or Selling Property Remotely
You do not necessarily need to travel to Portugal for every stage of your real estate transaction.
I regularly assist international clients who live outside Portugal or are unable to attend certain formalities in person.
Depending on the circumstances, I can coordinate documentation, communicate with the relevant parties and represent clients through an appropriate power of attorney.
The possibility of remote execution or representation depends on the legal requirements and practical arrangements applicable to each transaction.
Frequently Asked Questions
Do I need a lawyer to buy property in Portugal?
A lawyer is not legally required to purchase property in Portugal.
However, independent legal advice is strongly recommended to review the property's documentation, assess contractual risks and protect your interests throughout the transaction.
What is a CPCV in Portugal?
A CPCV (Contrato-Promessa de Compra e Venda) is a promissory purchase and sale agreement through which the parties undertake to complete a property transaction under agreed conditions.
It commonly provides for a deposit, completion deadlines and consequences if either party fails to fulfil its contractual obligations.
Should legal due diligence be completed before signing the CPCV?
Ideally, the relevant legal checks should be carried out before signing the CPCV or making binding commitments.
This allows potential issues to be identified and addressed before the buyer assumes contractual obligations.
Can I buy property in Portugal without travelling there?
In many cases, yes. Certain stages of the transaction may be organised remotely, and representation through a power of attorney may be possible.
The appropriate arrangements depend on the transaction, the documentation and the formal requirements involved.
What taxes apply when buying property in Portugal?
Property acquisitions in Portugal generally involve IMT and Stamp Duty.
The amounts payable depend on factors such as the property's value, nature and intended use, as well as any exemptions or special rules applicable to the buyer.
Let's Discuss Your Real Estate Project
Whether you are buying your first home, acquiring an investment property or selling real estate in Portugal, I can assist you with the legal aspects of your transaction.