Lawyers

We can recommend lawyers in areas of their specialist field, it is not always best to stick with the same lawyer to approach all your legal requirements. We have built-up excellent relationships with many Lawyers in Albufeira and in order for us to asssit you further then just email us with your specific requirements so we can ensure that the Lawyer matches your needs perfectly.

 

If you are unsure of how the buying process in Portugal operates:

 

Buying in Portugal

 

The following is a brief guide to purchasing a property in Portugal. It explains the process in simple terms but does not cover all aspects of property law and is therefore not a substitute for professional advice and representation.

  • 1. Select property and agree terms.
  • 2. Instruct Lawyer to check all documents, prepare promissory contract and if you need to leave a Power of Attorney arrange this with your lawyer also. Legal fees are usually between 2 – 3%.
  • 3. Assuming you give your Lawyer Power of Attorney he/she will sign the Promissory Contract and pay the deposit usually with a bankers draft. All agreements and terms will be included in the contract, including date of completion. A deposit is usually 10% of the purchase price.
  • 4. It is perfectly acceptable for the buyer and / or seller to request the translation of the contract into their mother language prior to signing.
  • 5. To protect both parties after the contract is signed:

    A) The purchaser will loose the deposit if he/she pulls out.

    B) The vendor will have to pay twice the deposit, or can be forced to sell if he/she wants to pull out.

  • 6. Your lawyer will ask for funds and pay taxes (if not off shore owned). Sisa Tax :0 – 10%, Registration and Notary fees are about 2.5%.
  • 7. Instruct your Lawyer to pay balance of purchase price and to sign the Escritura (Title Deeds) ( or transfer of shares in case of an off shore company). The Title Deeds must be signed in the office of the Notary who checks all of the documents of sale. The Notary also requests written confirmation from the local tax office that property tax (SISA) has been paid and if relevant a document to confirm Power of Attorney. The notary also reads the contract aloud to the buyer and will insist on a verbal translation to the mother tongue if the buyer does not understand portuguese. The balance of the purchase price is paid and the Title Deeds are then signed by both parties.
  • 8. Registration will take place when the property is transferred to the name of the new owner at the official Land Registry ( Conservatoria) at the Local Authority office.
  • 9. Open a bank account so bills can be paid by direct debit.
  • 10. Your Lawyer can then change the name on bills to facilitate the payment of utility costs.
  • 11. You should allow approximately 9% for all purchase costs.

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