The Property Purchase / Sale requires requires the analysis of the property documents. It is essential that all documentation of the property is valid.
Therefore, it is recommended that qualified professionals, with experience in real estate law, be responsible for verifying all real estate documentation, including certificates related to the Tax Authority, Land Register Office, Municipal Council, among others (in Portuguese: Autoridade Tributária, Conservatória de Registo Predial e Câmara Municipal).
In Portugal, only lawyers and solicitors are authorized and licensed to provide legal advice on the purchase/sale of real estate and leases.
Real estate agents cannot and should not provide legal advice, as they are not qualified to do so. The real estate agent’s job is just to do the real estate mediation.
Property documentation must be delivered to the buyer. It is recommended to draw up a pre-contract that contains the business conditions, such as price, payment, conditions, down payment, etc.
The law in Portugal determines that the contract of purchase/sale of the property must be registered by public deed or by private document, authenticated by a lawyer or solicitor (PDA).
Adriano Martins Pinheiro is a lawyer in Portugal.
tags: real state lawyer portugal, real state law
