The process of purchasing real estate in Portugal has some key differences compared to other countries, particularly for international buyers:
Legal Due Diligence: It is common practice in Portugal to engage a lawyer who will conduct thorough due diligence on the property. This includes checking ownership rights, taxes, and any debts associated with the property. This preliminary research is essential before you sign any purchase contract.
Preliminary Purchase Contract (Contrato de Promessa de Compra e Venda): Once you agree on a price, a preliminary purchase contract is drafted. This document outlines all the terms of the sale. The buyer typically makes a deposit, usually between 10-30% of the purchase price. This contract binds both parties to the agreement.
Mortgage (if applicable): In Portugal, non-residents can obtain mortgages for property purchases, typically up to 70% of the purchase price. The process involves applying for a mortgage through a Portuguese bank, with requirements such as proof of income, identification, and a property appraisal.
Notarial Deed (Escritura Pública): The final transfer of ownership takes place at a notary’s office, where the Escritura Pública is signed. This document confirms the sale and officially makes you the owner of the property.
The deed must include a description of the property, details regarding any mortgages or costs associated with the house, the agreed-upon sale price, payment methods, as well as the taxes and fees related to the sale. This is also a good opportunity to verify that all necessary documents are in order, such as the energy certificate, any insurance policies, and the latest invoices for taxes and community fees.
Registration and Taxes: After the notarial deed is signed, the property must be registered with the land registry and tax authorities. The buyer is responsible for paying the property transfer tax (IMT), notary fees, and registration costs.
In Portugal, the process is more formal with a greater emphasis on legal due diligence and the involvement of a lawyer, while in many other countries, the notary plays a central role in the transaction.