Office Dr. Rathenau & Colleagues: Portuguese Property Law 2019

Sales Contract

Land purchase contracts have to be notarially certified or authenticated by a lawyer or a civil servant of the land registry. Otherwise the contract is void.

At the authentication the presence and the identity of the contracting parties will be determined. When necessary, the identity of the representative will be verified as well. The final deed will be drawn up and read out in Portuguese. In case of insufficient language skills it is advisable to hire a translator or to have a translator whom you trust.

With the conclusion of the sales contract the ownership position transfers concurrently to the payment of the purchase price. The vendee normally pays by bank check (cheque bancário) or by a certified check (cheque visado).

With a certified copy of the sales contract the acquisition can be registered in the land register and the tax register. The new owner can only be registered if the vendor was recorded in the register before. There can be an exception for heirs.