CPCV in Portugal: What to Check Before You Sign and Pay a Deposit

You’ve found the property, agreed a price and the agent is sending over a promissory contract to sign “this week”. This is the moment to slow down.

The promissory contract (Contrato-Promessa de Compra e Venda, or CPCV) records the parties’ commitment to the sale, usually with a deposit (sinal). The consequences depend on the terms and the nature of any default: definitive default attributable to the buyer can lead to loss of the deposit, while definitive default attributable to the seller can entitle the buyer to double it. Delay alone does not always have those consequences.

In other words, once you sign and pay, it is much harder to walk away. Everything that could stop you buying should be checked before this point, not after.

Checks on the seller and the property

The seller has the right to sell. Compare the registered owner with the title and any succession documents. Where an estate is involved, identify all the persons whose participation or representation is required; an intermediate registration in the heirs’ names is not always necessary.
Everyone who must sign will sign. Co-owners, heirs and, in many cases, the seller’s spouse all need to take part in the sale.
No hidden charges. Mortgages, liens or seizures must be identified, with a clear plan for clearing them before completion.
The area is right. The area in the deed, the tax record and the cadastre or BUPi should match what is on the ground, or the difference should be understood and dealt with.
You can use it as you plan. Check the land classification and the municipal master plan, and whether the land is within the agricultural or ecological reserves, especially if you plan to build or restore.
The buildings’ planning position is understood. Tax or registry entries do not prove planning legality. Check the applicable municipal records, the original building and later works, including any lawful exemption. An energy certificate is normally required for a house unless a statutory exclusion applies.
There is legal access. Make sure the plot can be reached by right, and find out about rights of way or other easements over it.
No one else has the right to buy first. Adjoining owners of rustic land, tenants or co-owners may have a legal right of preference that must be respected.
Water and services. Check the supply arrangements and the permits, registrations or other water-resource titles required for wells, boreholes and intended uses.

What the contract itself should say

Agents often use standard templates. A template is a starting point, not a contract tailored to your purchase. Make sure yours covers:

Clause	Why it matters
Exact identification of the property	Registry and tax references, area and what is included, such as buildings, land and furniture
Deposit and payments	How much is paid now, when the rest is due and how
Completion deadline	A realistic date, with room to solve the problems found in the checks
Seller’s obligations	What the seller must fix or deliver before completion, such as clearing a mortgage or correcting an area
Conditions	For example, the purchase depending on a mortgage approval or a planning confirmation
What happens if a party fails	The consequences for the deposit, and whether the sale can be enforced in court
Costs	Who pays for what, from corrections to agency fees

For the building-related promises covered by Article 410(3) of the Civil Code, the law requires in-person certification of signatures and certification of the relevant construction or use licence. The precise requirements, including any applicable exemption, must be checked. The removal of the general requirement to show a use authorisation at the final sale did not simply remove this separate CPCV rule.

Sign with confidence

Independent advice should identify the risks and make sure the contract reflects your instructions.

At MGPS International we review the records and the relevant technical information before you commit. We then review or draft the CPCV so that the deposit provisions, outstanding checks, conditions and consequences of any problems are recorded clearly.

You’ll get a clear written report in English, and we can sign on your behalf with a power of attorney if you are not in Portugal.

About to sign a CPCV? Send us the draft and the property details with your proposed deadline. We will confirm the scope, fee and whether we can complete the review in time.

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

What to check before signing a promissory contract (CPCV) in Portugal

Checks on the seller and the property

What the contract itself should say

Sign with confidence

More guides on this topic

Buying rural land in Portugal: a step-by-step guide

Buying a ruin or old farmhouse in Portugal: the legal checks before you pay