Price, deposit, finance, documents, deadlines and default: a checklist for preparing the legal review.
The Portuguese promissory purchase agreement should match the actual deal, not merely a generic template.
Check the parties and their authority; the exact property, unit and annexes; total price and payment schedule; deposit; finance condition; documents and delivery dates; mortgages and other charges; fixtures and condition; completion deadline; pre-emption rights; default consequences; and valid notice details.
Before paying a deposit, review the land registry certificate, tax record, use documentation and energy certificate. The official Justice portal explains what the permanent registry certificate contains.
There is no universal deposit percentage, deadline or finance clause. If the purchase depends on a mortgage, licence, technical inspection or sale of another property, obtain independent legal advice and make sure the agreed protection is written clearly.
Form, deposit and scenarios to resolve
Civil Code article 410 imposes form requirements; building promises covered by paragraph 3 include in-person signature recognition and licence certification. Do not assume simplification of final conveyance removed CPCV formalities. Have the correct form checked for the transaction.
Under article 442, attributable default can lead to loss of the deposit by its payer or a claim for double against its recipient. Delay or mortgage refusal does not automatically trigger either outcome; the contract and facts matter. Specific performance under article 830 needs separate legal assessment.
| Scenario | Agree before signing |
|---|---|
| Credit refused / insufficient | Minimum approved amount, deadline, required evidence and deposit treatment |
| Valuation below price | Minimum finance or maximum own funds, notice and deadline |
| Missing documents / regularisation | Responsible person, condition, final date, extension and agreed effect |
Fictional example: price €250,000, deposit €25,000, balance €225,000. If the eventual loan is €198,000, €27,000 of own funds remains due towards the price, plus taxes and costs. The deposit is part of the price, not an extra charge.
Take the property file and formal bank offer to an independent lawyer or solicitador before paying.
Editorial review: 21 October 2026. Sources: Civil Code articles 410 and 440–442 and article 830, updated PGR Lisboa text. This is not a contract template or individual legal opinion.
Official sources and references
Links consulted and cited in the article. Always check the current version for your circumstances.
Editorial note
Prepared by FRANETIC using identified sources. General information only; legal, tax, banking, technical and planning matters require case-specific validation.
