Buying property in Portugal without being there: power of attorney and apostille

You found the property on a two-week holiday. Now you’re back home in Boston, Toronto or Manchester, and the seller wants to sign in six weeks. Do you need to fly back?

Usually, no. Many foreign buyers complete their entire purchase in Portugal without being present, through a power of attorney given to someone they trust. Done well, it is safe and routine. Done badly, it can delay the purchase, or put your money in the wrong hands.

The power of attorney

Where to sign it. You have two main options:

• At a Portuguese consulate, where the service is available for your circumstances. Confirm eligibility, the documents and the appointment requirements first.
• Before a competent local authority, with an apostille or other legalisation where required. The apostille certifies the document’s origin; it does not confirm that the powers and formalities are sufficient for the Portuguese purchase. Translation requirements or any applicable exemption must be checked separately.

The powers and formalities of a notary public differ by jurisdiction, including between Canadian provinces and professional categories. Have the intended Portuguese transaction and the required form checked before the appointment, rather than assuming that witnessing a signature is sufficient.

What it must include. A power of attorney for a property purchase needs specific powers, not general wording. Typically:

• obtaining your Portuguese tax number (NIF) and dealing with the Tax Office;
• signing the promissory contract and paying the deposit;
• paying the purchase taxes;
• signing the final deed or authenticated document;
• registering the property in your name;
• if needed, dealing with banks, utilities and the municipality.

Who should you appoint?

The person holding your power of attorney can sign binding contracts in your name. Choose carefully.

Avoid anyone on the other side of the deal. Never give power of attorney to the seller’s agent, or to anyone paid by the seller. Their interest is to close the sale, not to protect you.

Prefer an independent professional. A solicitor or lawyer is bound by professional rules, carries professional liability insurance and is accountable to you for every step.

Limit the powers to what is needed. A power of attorney for one specific purchase is safer than a general one with no limits.

How a remote purchase runs

1. Video call: we discuss the property, your plans and your budget.
2. Property check: we review the records and the land and send you a written report.
3. Power of attorney: we send you the text, and you sign it at the consulate or before a local notary with an apostille.
4. Promissory contract: we review or draft it, discuss it with you and sign it on your behalf once you approve.
5. Completion: we arrange the taxes, the signature of the purchase document and registration. Representation and authentication are allocated to different professionals where required, and an authenticated private document is deposited electronically. Any authority to receive or move client funds is agreed separately.
6. Handover: you receive the documents, the keys and a summary of everything done.

Your team on the ground in Portugal

At MGPS International we regularly represent buyers from the US, Canada, the UK and across Europe who cannot be in Portugal for every step. We prepare a power of attorney tailored to your purchase, with instructions for your country, and then act for you from the first check to the final registration.

And because our team brings together a solicitor and a cadastral technician, who is also a qualified BUPi technician, we check the land itself, not just the paperwork.

Buying in Portugal from abroad? Book a call or request a property check. Tell us where you live and what you are buying, and we’ll explain how we can complete it for you.

This article is for general information only and is not legal advice for any specific case.