If I buy a house in Portugal, do I need to hire an attorney?
Luis Rodrigues - Gouveia Pereira, Costa Freitas & Associates, Law Firm, RL
It is not mandatory to hire an attorney to buy a house in Portugal. However, and especially if you are a foreigner, it is strongly advisable to hire a lawyer to represent you and make sure that you signed the right contract, that you are buying the right property, and that the property does not have any liens, encumbrances or charges registered on it.
The role of the lawyer in the process of acquiring a property is to do a due diligence on the legal documentation of the...
The role of the lawyer in the process of acquiring a property is to do a due diligence on the legal documentation of the...
It is not mandatory to hire an attorney to buy a house in Portugal. However, and especially if you are a foreigner, it is strongly advisable to hire a lawyer to represent you and make sure that you signed the right contract, that you are buying the right property, and that the property does not have any liens, encumbrances or charges registered on it.
The role of the lawyer in the process of acquiring a property is to do a due diligence on the legal documentation of the property, assist in the negotiation of the promissory contract of purchase and sale (typically in Portugal the buyer and seller sign a promissory agreement first and complete on the acquisition within 30 to 60 days) and at the end organize and represent you in the signature of the public deed of purchase and sale that is usually done before a notary and with the registration of the acquisition at the land registry office.
Please note that all documentation together with the public deed of purchase and sale will have to be done in Portuguese. Therefore, if you do not speak Portuguese it will be complicated to assure that all your rights are being taken care of.
Finally please also note that Portuguese lawyers registered at the bar association in Portugal will have professional liability insurance which assures the payment of compensation to clients that are wrongly advised.
The role of the lawyer in the process of acquiring a property is to do a due diligence on the legal documentation of the property, assist in the negotiation of the promissory contract of purchase and sale (typically in Portugal the buyer and seller sign a promissory agreement first and complete on the acquisition within 30 to 60 days) and at the end organize and represent you in the signature of the public deed of purchase and sale that is usually done before a notary and with the registration of the acquisition at the land registry office.
Please note that all documentation together with the public deed of purchase and sale will have to be done in Portuguese. Therefore, if you do not speak Portuguese it will be complicated to assure that all your rights are being taken care of.
Finally please also note that Portuguese lawyers registered at the bar association in Portugal will have professional liability insurance which assures the payment of compensation to clients that are wrongly advised.
(Tiled house in Alcochete, Portugal, pictured.)
Posted February 6, 2016