Lawyers

When you decide to buy in Portugal we always advise using a lawyer to look after your interests throughout the purchase. The system here does not require it, but it provides peace of mind and helps you avoid the pitfalls that can catch a buyer out in a country that is not their own.

You would not buy a property at home without a lawyer. Do not do so abroad.

What is an advogado, and what do they cost?

An advogado is a Portuguese lawyer specialising in property law. Legal costs are usually between 1% and 1.25% of the purchase price, plus IVA (VAT). Ask them to confirm the services they will provide, their legal costs and the overall costs of the purchase in writing before you instruct them to do anything.

What checks does a lawyer make before the purchase?

Before the promissory contract is signed, your lawyer carries out due diligence on the property:

• That the owner of the property is who they purport to be
• That the plans of the property match the land registry
• Whether there are any charges, rights of way or debts over the property
• Whether there are outstanding condominium debts, if buying within a development
• That the property is connected to mains water and electricity

What do they do during and after the sale?

Your lawyer prepares the promissory contract describing the property, the price and the payment schedule; prepares the deed of purchase with the notary; and attends completion with you. Afterwards they register the property in your name and transfer the utility bills across.

What if I cannot be in Portugal to sign?

Arrange a power of attorney with your lawyer. With it in place they can open a Portuguese bank account for you, apply for your Portuguese tax number (NIF), and represent you at both the promissory contract and deed stages.

To arrange one, you sign a document before a notary — either in Portugal or in your home country — authorising the lawyer to act on your behalf. We recommend doing it while you are here, once you have found the right property.