REAL ESTATE
LAW

HOW
WE WORK

We use both traditional and modern  approaches to the legal services we provide you.  Ensuring you have the most relevant property law and conveyance solutions available, to make informed property investments in Portugal, is our goal.

Whether you are purchasing a private single family holiday home, rental investment or building large scale real estate developments and urban renewal projects, we can help. Either directly or when needed engage with experienced partners in property sales, financing, tax planning, wealth management and project development.

 

OUR
CONTRACT
DEED &
CONVEYANCE
SERVICES

  • Impartial advice and assistance on acquisition and sale of commercial and residential properties
  • Golden Visa and Non-Habitual Residency
  • Project financing and due diligence for real estate operations
  • Urban rehabilitation and plot-division
  • Assistance in the requesting and granting of leases
  • Assistance with issuing and submission of licenses and permits during construction phases
  • Real estate operations and negotiation. 
  • Drafting contracts for construction, works, exchanges, lease, sales with or without encumbrances, mortgages
  • Investment operations: Project finance, mortgage financing, structured financing
  • Real estate divestments
  • Framing of the taxes attached to choice of contract
  • General defence of ownership/ejectment
  • Litigation: evictions, recovery of land possession and title, usucaption, easements, rent collection, necessary repairs in leased buildings, damages caused to rented property
  • Real Estate Tax
  • Real Estate Insurance
 

BUYING &
SELLING
PORTUGUESE
PROPERTY

Offer & Reservation – Are agreements between the seller and the buyer in order to take the property off the market, normally for a period of 7 to 15 days. During this time, your lawyer carries out the first part of the due diligence process on your chosen property.

Estimate of Closing Costs – An estimation of the closing costs is given during the first meeting with your lawyer or legal representative. Please note this value can fluctuate slightly as your lawyer may not be in possession of all the documentation relating to the property.
 

Promissory Contract – this contract sets out the terms and conditions of the transaction. It includes information relating to the identity of the owner, a detailed description of the property, registration and tax numbers, purchase price, deposit, date of completion and method of payment. Both parties (seller and buyer) become contractually bound with the signature of this ‘Promissory Contract of Purchase and Sale’.

*Important: If at this stage the seller decides to withdraw from the sale once the deposit has been paid, then he will be obliged to reimburse the buyer double the deposit amount. If on the other hand, the buyer decides to withdraw from the sale after the deposit has been paid, the buyer is required to forfeit their deposit.

Final Deed – Before signing the final deed of purchase and sale, the property transfer tax and stamp duty must be paid at the Tax Department. The buyer’s legal representative or lawyer is responsible for obtaining these documents.
 
Registration of Ownership – Once the deed is signed, the property must be immediately registered in the new owner’s name. Ownership will be enforceable against third parties only after being registered at the National Land Registry Records.
 
Utilities – Once the final deed has been signed, utility services may be changed to the new owners’ names who will need to provide access for the technicians to enter the property or have a dedicated after-sales service that can do this on their behalf.
 

RICARDO PICA

PRACTICE AREAS

CONTACT

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