Hiring a lawyer
Buying a property in Portugal as an international buyer means getting involved in a foreign buying and legal process. This has the potential to be confusing and a little worrying. However, hiring a property lawyer in Portugal with the right qualifications and who you’re happy working with means it can be a breeze.
Hiring a lawyer to help you navigate the Portuguese buying process is essential, but they can help with much else. If retiring to Portugal, they can ensure you have the right visa and are aware of any tax implications.
For permanent movers, your lawyer can help you arrange an NIF and understand the simple legal requirements, such as taxes and inheritance laws.
For investors in Portugal, a property lawyer can help you understand your legal and fiscal responsibilities as a landlord and owner.
In Portugal, the location you buy property can have implications and possible restrictions. For example, there are restrictions on short-term rentals for foreign buyers in tourist-heavy areas, such as the Algarve. This is not the kind of thing you want to find out after buying a place you intended to let out. Your independent property lawyer can help you understand these local laws and ensure that the location is fit for your property purpose.
Property Guides and Your Overseas Home maintain a selection of independent property lawyers in Spain. Speak to our property consultants to be matched with a good property lawyer in Portugal.
[Get in touch: speak to a trusted property lawyer in Portugal today ]
Role of lawyers in property transactions
The golden rule of all business dealings in Portugal (or anywhere else, for that matter) is that your lawyer is working entirely in your interests.
Your independent property lawyer in Portugal will oversee all the necessary steps to help you complete your property transaction. Their services include due diligence, drafting contracts, negotiation, signing and closing and interacting with the stakeholders involved.
The best time to get in touch with a property lawyer in Portugal is before you find your dream home. Once you’ve had an offer accepted, you’ll may be asked to put down a reservation deposit to take the property off the market. Your lawyer will receive and pass on the funds on your behalf once received from your currency specialist.
Other roles include:
- Legal guidance and due diligence
- Contract review and protection
- Liaising with the notary and seller’s agency on your behalf
- Power of attorney
[Get an idea of additional costs: Read our breakdown of potential costs that you could attract on top of the property price]
Legal due diligence process in Portugal
Once you’ve made an offer and it’s been accepted, your lawyer will check the details of the property and paperwork before you proceed to the contrato de promessa de compra e venda (promissory contract) stage.
Your lawyer conducts due diligence, verify property ownership and ensuring compliance with Portuguese laws and regulations. They will draw up and review the contracts, assess legal risks and provide expert advice tailored to your situation.
Lawyer and notary fees
Independent lawyer fees can vary. However, you can typically count on handing over between 1–3% of the purchase price. This depends on both the property and the solicitor’s firm. Sometimes there’s a minimum charge. As previously mentioned, getting a quote up-front is the best strategy.
Lawyers vs Notary when buying property in Portugal
One important thing to be aware of is the difference between your lawyer in Portugal, who is employed by you alone to protect your interests, and a notary. Portuguese notaries are legally trained, and their role is compulsory in any property transaction in Portugal. However, they officially act for the government, rather than solely for the buyer or vendor.
The role of a notary is to oversee and rubber-stamp the paperwork in a property transaction. In addition, they check all necessary taxes are paid, and register the property with the Portuguese Land Registry. You can find a notary on the European Directory of Notaries if need be, but normally your lawyer will do this.
When you purchase a property in Portugal, all documents must be signed in the presence of a notary for them to be legally binding. The notary is usually involved from the signing of the initial contrato de promessa de compra e venda (promissory contract) until the point of completion and the signing of the escritura de compra e venda (final contract).
Choosing a good property lawyer in Portugal
Finding the right lawyer in Portugal makes a huge difference in your buying process. As such, you want to make sure the lawyer you choose is reliable, proactive and licensed.
Choose a firm that specialises in real estate law and has experience assisting international buyers. To find a reliable lawyer in Portugal, check online directories or forums for feedback from other expats who’ve used property lawyers in Portugal for relocation.
If you’re likely to require visa and residency assistance, such as guidance on the right visa for you, getting an NIF number and getting your residence permit when you arrive in Portugal, make sure that the firm you choose offers these services.
It’s not uncommon to have to pay for initial consultations, which are often quite in-depth as the lawyer will try to understand your requirements before starting on your case. However, some firms do offer free initial consultations.
Language barriers
Most firms in Portugal have English speaking staff, but if you don’t speak or read Portuguese, it may be worth confirming whether you’ll be able to effectively communicate with your lawyer.
In Portugal, all contracts will be drawn up in Portuguese, so it’s essential you understand what you’re signing or have the option to get the documents translated into your first language.
[Be introduced to a trusted lawyer: Each partner we recommend has been handpicked, vetted and reviewed so you can rest assured you’re in safe hands.]
