How a lawyer can help you with legal advice to buy property in Portugal

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How a lawyer can help you with legal advice to buy property in Portugal
Reading time: 4 minutes
Published: 13th February 2020, 7:22pm

Buying a home is probably the most complex investment you will make and lawyers will offer you legal advice on all possible complications that may arise. Besides the vague and unclear terms, several legal and property deed issues can arise. The lawyer’s role is to guide you through this process. From the start, he will offer you legal advice on the transaction and tax consequences that might come up during the process.

Here at Portugal Homes, we have listened to our clients over the years to find out what legal advice they are looking for in a law firm. Although all lawyers in Portugal are trained in the same way, we believe that firms who deal with international clients daily are much more efficient and complete the process much quicker than lawyers who work mainly in the Portuguese market. 

Read the confirmation of a Golden Visa investor here.
 

The importance of working with lawyers when making a purchase

It’s important to mention that real estate requires a lot of attention from the parties involved, as there might be unfamiliar processes during this transaction. To avoid inconvenience and loss, it is essential to have real estate legal advice. 

The lawyer will oversee all the details of the transaction to ensure that your interests are carried out and that the transaction documents reflect them properly. 

Learn more about Portugal Homes’ Legal Advice.
 

Notary or Lawyer when purchasing a property in Portugal? 

Have in mind that notary and legal representation are two different terms. While the Portuguese notary will only ensure all property documents are in place and taxes are paid, your independent legal representative will ensure your property and contract interests are protected when you pay the deposit or sign the contract. Depending on the nature of the transactions, before closing the real estate contract, the lawyer should:

Review the Purchase and Sale Agreement and advise you on its legal consequences and obligations;

Obtain an investigation of the title of the property, assess the status of these titles and request the appropriate legal solutions;

Explain possible obligations you will assume;

Help you understand the effect of any existing mortgages or other disposals;

Discuss different financing options;

Discuss how you should obtain the title to the property (personal, joint, or business);

Inform you where and how to obtain the “homestead” exemption (family residence);

Review how to obtain insurance against fire and other types of hazards;

Advise you on how the title should be obtained, as well as the effects it may have on your business.

Legal representation if you are overseas

The real estate purchase process doesn’t have to stop if you need to travel back to your country. If you’re overseas and have invested in Portuguese Real Estate (or are looking to), you will be represented by your lawyers. They should have the power of attorney (POA), which enables them to act on behalf of you during the property sale, the transfer of the ownership, signing of deeds, property rentals or leasing; rest assured your process will be in good hands.

Our mission is to ensure all our clients are comfortable and trust us with their investment.

Besides legal representation, taken care of by your lawyers, Portugal Homes’ After Sales Department can also provide fiscal representation during and after your purchase. All matters related to the Portuguese tax system and your property itself can be taken care of, from attending the condominium meetings to visiting the apartment to check if everything is under the conditions you had previously seen and agreed with. Learn how to become a member of After Sales here.
 

Find your dream property


 

17th February 2020
Portugal Homes - Harland & Poston Group owns its headquarters in Lisbon…
13th February 2020
Information update January 2021: Read updated information on the Portuguese…

Buying Property in Portugal

Portugal Homes has very experienced and knowledgeable professionals working with some of the most established and reputable developers Portugal has to offer. Our vast experience allows us to guide you through the best investment choices.

Whether you want a holiday home or an investment property, we select the best units for your profile and take care of all the process from start to finish. Even after the sale! Our After Sales services assume the responsibility of furnishing your property at your taste, taking care of the property in your absence, managing the rentals if you wish to rent your property when you’re not in Portugal and so much more!

To learn more about the Portuguese Non-Habitual Resident Program and our After Sales services, please fill the form below.

Thanks to Andreia Leite for the comprehensive and timely updates on the construction progress of the new development we purchased!

Investor from the USA

Very helpful. Work with his heart. Mark is a very nice advisor. 

Investor from Morocco

Ryan was an excellent real estate agent, he really steered me in the right direction based on what I said was important to me. Living in another country, I wasn't as familiar with the city as he is. Where I thought I wanted to live and what I truly wanted were not the same. He took the time to listen and figure out the best spot for me, and we are very happy with it - far more than we would have been elsewhere.

Investor from the USA

The overall experience was great from follow up to After Sales. I would like to give special thanks to Mr. Simon, Ms. Francisca and Ms. Mariana.

Investor from UAE

George Hobson is a pleasant young man, came across as knowledgeable, experienced, hardworking, honest & disciplined; I felt very comfortable in easily making my investment.

Investor from UAE

Luísa is a very understandable person, she knew exactly what we were looking for and even showed us and gave us more choices to pick from. Very professional advice, hospitality and service.

Roshana (Zulfiqar) Mian | Hong Kong