Image
pt en

Buyer — Making an Offer and Legal Commitment

Know more

Talk to us!

4. Making an Offer & Legal Commitment When Buying Property in Portugal

The Moment the Deal Becomes Real

Up to this point, the process has been focused on preparation and analysis.

At this stage, the buyer takes the first legally meaningful step: submitting an offer and formally committing to the purchase of a property.

From here onward, real money and legal responsibility enter the process.

The property is no longer just an option — it becomes a potential contractual obligation.

What Happens at This Stage

This phase formalises the buyer’s intention to purchase.

It typically includes:

  • submitting and negotiating an offer;

  • agreeing on price and contractual conditions;

  • signing a reservation agreement (when applicable);

  • preparing the CPCV (Promissory Purchase and Sale Agreement);

  • paying the deposit (sinal);

  • defining the completion timeline;

  • including protective contractual clauses;

  • verifying any legal pre-emption rights.

This is the point where financial exposure genuinely begins.

Why This Matters

Many buyers assume the real commitment only happens at completion (escritura).

In Portugal, the legal commitment effectively begins with the CPCV.

Without proper safeguards, a buyer may:

  • lose the deposit already paid;

  • become legally bound to proceed with the purchase;

  • face contractual disputes;

  • assume unnecessary risk if mortgage approval fails.

A properly structured offer protects both buyer and seller and significantly reduces the risk of conflict later in the transaction.

Ana and Pedro’s Story

After several viewings, Ana and Pedro finally found a property that matched their criteria.

Afraid of losing the opportunity, they considered moving forward quickly with an informal reservation.

TeamQASA explained that speed should never replace protection.

Their offer was submitted with clearly defined conditions, including a clause making the purchase dependent on mortgage approval.

The CPCV was prepared to ensure balance between buyer and seller obligations.

When signing, they fully understood the risks — and how those risks were managed.

The transaction progressed smoothly into the next stage.

Documents & Definitions

Purchase Offer
A formal expression of interest stating the proposed price and conditions under which the buyer intends to acquire the property.

Property Reservation
A temporary payment used to remove the property from the market while the CPCV is prepared. It does not carry the same legal strength as the promissory contract.

CPCV — Promissory Purchase and Sale Agreement
A legally binding contract obligating both parties to complete the sale within an agreed timeframe, defining price, conditions, and penalties for withdrawal.

Deposit (Sinal)
An advance payment made upon signing the CPCV, typically between 10% and 20% of the purchase price, serving as contractual security.

Conditional (Resolutive) Clause
A contractual safeguard allowing cancellation without penalty if a specified condition — commonly mortgage approval — is not met.

Right of First Refusal (Direito de Preferência)
A legal priority granted to certain parties or public entities to purchase the property under the same agreed conditions.

Common Mistakes

  • submitting offers without prior analysis;

  • signing reservation agreements without written conditions;

  • paying deposits without financing protection clauses;

  • assuming mortgage approval is automatic;

  • failing to verify pre-emption rights before committing.

Did You Know?

In Portugal, if a buyer withdraws from a signed CPCV without legal justification, the deposit is typically forfeited.

If the seller withdraws instead, they are generally required to return the deposit in double.

The real commitment starts here — not at completion.