Category: Purchase and Sale

This section collects the articles published on the formation and performance of contracts for the purchase and sale of Portuguese property, from reservation through to deed.

The promissory contract (CPCV) is where the transaction is in fact decided. Article 410 of the Civil Code applies to it, with the necessary adaptations, the regime of the promised contract; article 441 presumes that any sum paid by the promissory buyer has the character of a deposit; and article 442 governs what happens to that deposit on breach — set-off against the price, return, return in double, or forfeiture, depending on which party defaults. Article 830 allows the performing party to obtain a judgment producing the effects of the missing declaration of will, known as specific performance, whose availability depends on what the parties agreed. The form of the final contract is governed by article 875: public deed or authenticated private document.

Third-party rights may override the parties’ intentions. Article 416 requires the seller to notify the holder of a right of first refusal of the proposed sale and its terms; article 1091 grants that right to the tenant, on the terms set out there. A defective notice does not extinguish the right — it postpones it, and carries the problem beyond completion.

Acquisition also attracts IMT and Stamp Duty, both assessed before the deed, and, where there is financing, requires the mortgage approval to be aligned with the contractual deadlines. The reform of the RJUE, whose amendments enter into force on 1 October 2026, also bears on the moment of transfer and is dealt with in a dedicated article.

Adjacent sections, within these same publications: real estate due diligence and real estate litigation.

The scope of our work in this field is set out on the buying and selling property page. General information only; it does not replace advice on a specific case.