Is a Lawyer Required to Buy a Property in Portugal?

Buying a property in Portugal can be an exciting journey, but it can also be overwhelming. The process of purchasing a property in Portugal is different from buying in some other countries, and you may have questions about whether or not you need a lawyer to assist with the purchase.

In this blog post, we’ll provide an overview of the steps involved in buying a property in Portugal and when you should consider hiring a lawyer to help. We’ll also discuss what type of legal services a Portuguese lawyer can provide, as well as the costs associated with their services. Read on for details!

What are the Portuguese property laws?

Portugal has very favorable conditions for foreigners who wish to buy property. There are no restrictions on foreigners buying property in Portugal. In addition, Portugal has a stable legal system with well-defined rules and regulations governing property transactions. As a result, it is relatively easy to purchase property in Portugal without the need for a lawyer.

However, there are some specific laws and regulations that you should be aware of before purchasing property in Portugal. For example, all real estate transactions must be registered with the Portuguese Land Registry (Conservatória do Registo Predial). In addition, the Portuguese government imposes a transfer tax of 6.5% on all property purchases.

It is also important to note that all contracts for the purchase of property in Portugal must be in writing and signed by both parties.

Once the contract is signed, it is legally binding and cannot be canceled by either party. Therefore, it is essential that you understand all the terms and conditions of the contract before signing it.o.

What are the Portuguese property laws

Do you need a lawyer to buy a property in Portugal?

If you are planning to buy a property in Portugal, you may be wondering if you need a lawyer. The answer depends on a few factors, including the type of property you are buying and your level of comfort with the Portuguese language.

If you are buying a property in Portugal that is already built, such as an apartment or house, you will likely need a lawyer to help with the purchase. This is because there is often a lot of paperwork involved in buying an existing property, including contracts, title searches, and mortgage documents. Even if you are comfortable reading and speaking Portuguese, it is always best to have someone who is familiar with the legal process help with this type of purchase.

If you are buying raw land or an unfinished property in Portugal, you may not need a lawyer. This is because there is usually less paperwork involved in these types of purchases. However, if you are not comfortable dealing with the Portuguese bureaucracy or language, it may be best to hire a lawyer to help with the purchase.

What are the benefits of having a lawyer when buying a property in Portugal?

If you are buying a property in Portugal, it is strongly recommended that you have a lawyer represent you in the transaction. There are several benefits to having a lawyer when buying property in Portugal, including:

  1. A lawyer can help to ensure that the contract of sale is fair and accurately reflects your wishes.
  2. A lawyer can help to negotiate with the seller on your behalf if there are any issues with the property or the sale itself.
  3. A lawyer can provide valuable guidance and advice throughout the entire process, from start to finish.
  4. A lawyer can represent you in court, if necessary, should any legal disputes arise after the purchase has been made.
  5. Finally, a lawyer can protect your interests and investment by ensuring that all of the necessary paperwork is properly filed and completed prior to finalizing the purchase.

How can you find a good lawyer in Portugal?

If you’re looking for a good lawyer in Portugal, one of the best places to start is by asking friends and family for recommendations. If you don’t know anyone who has used a lawyer in Portugal, you can also check online directories or forums for feedback from other expats. Once you’ve compiled a list of potential lawyers, be sure to schedule a consultation with each one so that you can get a feel for their personality and expertise.

When meeting with a lawyer, be sure to ask about their experience with property law in Portugal specifically. You should also inquire about their fee structure and whether they offer any discounts for expatriates. With some research and due diligence, you should be able to find a great lawyer to help you with your property purchase in Portugal.

find a good lawyer in Portugal

Conclusion

Purchasing a property in Portugal is a complex process which involves many legal considerations. Even though it is possible to complete the purchase without hiring a lawyer, there are certain circumstances that make it advisable to hire one. A lawyer can provide important advice and assistance throughout the entire purchasing process, helping you to understand all that is involved and ensuring that all legal requirements are met for your protection. Therefore, if buying a property in Portugal, seeking out competent legal advice may be essential for success.

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Get in touch

Dasha Ponomarenko
Analyst / Customer Manager

Market Analytics

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FAQ

Investment opportunities

What kind of properties do you offer?
  1. Properties under development for buyers with patience to benefit from the price appreciation after the project’s completion.

     

  2. We offer land plots for residential and commercial use to those who want to maximize their profits from the full cycle of value-adding activity.

     

  3. Commercial properties are for those who bet on more stable and long-lasting relationships with corporate tenants.

     

  4. Income houses for investors looking for steady income streams from residential property tenants.
How do you provide the investment opportunities?

We offer personalized investment opportunities to our investors through a tailored investment newsletter. Each newsletter is customized to match the investor’s specific budget and aligns with their unique investment strategy.

What are the criteria for evaluating income house investment opportunities?
  1. Growth Markets: We identify areas experiencing robust economic activities, such as job creation, population increase, and rising GDP. Infrastructure projects like new transportation systems, schools, and hospitals indicate a region’s potential for growth, attracting more residents and boosting the rental market.

     

  2. Positive Cash Flow: The property should generate rental income that not only covers all operating expenses (mortgage payments, property taxes, insurance, maintenance, and management fees) but also leaves a profit. Securing loans with low-interest rates and reasonable terms can enhance cash flow.

     

  3. Appreciation Potential: Properties in neighborhoods with growth potential or undergoing revitalization are likely to appreciate in value. The condition of the property and the potential for improvements (renovations, additions) also play a crucial role in its future value increase.

     

  4. Turnkey and Rent-Ready: We choose properties that require little to no refurbishment before they can be rented out. This ensures a quicker start to income generation. Properties should also meet all local building codes and regulations and have passed necessary inspections to avoid future legal issues.

     

  5. At or Below Fair Market Value: We conduct a comparative market analysis that helps assess the investment property’s value by comparing it to similar properties in the area. We identify motivated sellers or properties that have been on the market for a long time and may offer negotiation leverage, allowing purchases below market value.

     

  6. Risk Management: We evaluate potential risks, including market downturns, property damage, or prolonged vacancies, and devise strategies to mitigate these risks. This may involve insurance, reserve funds, or diversifying investment portfolio.

     

  7. Legal and Tax Implications: Fully understand the legalities of property ownership and management, including landlord-tenant laws and local regulations. Awareness of property taxes and potential tax benefits (deductions, depreciation) is crucial for financial planning and compliance.

     

  8. Exit Strategy: We develop a clear understanding of investors’ end goals (e.g., long-term rental income, property flipping). This strategy informs all decisions, from property selection to financing and management.
What are the criteria for evaluating land plot investment opportunities?
  1. Location and Zoning: The value of land is significantly influenced by its location and the zoning regulations governing what can be built on it. We look only for prime locations or areas poised for future development. Zoning determines the type of development allowed, and we aim for residential and commercial types.

     

  2. Growth Potential: We choose land plots in areas with strong growth indicators, such as population growth, economic development, and infrastructure projects, which suggest future demand for property.

     

  3. Accessibility and Utilities: We pick land with good access to roads, public transport, and essential utilities (water, electricity, sewage), as it is more valuable and easier to develop.

     

  4. Topography: The physical characteristics of the plot, including its topography and soil quality, affect its usability and potential development costs. We prefer flat land or land with gentle slopes that is generally less expensive to develop than hilly or flood-prone land.

     

  5. Environmental Restrictions and Easements: We are aware of any environmental protections or legal easements that could restrict the development or use of the land. This includes protected habitats, wetlands, or historical sites. We carefully choose land plots without anything forementioned.

     

  6. Future Development Plans: Information on planned infrastructure or commercial projects in the area can significantly impact the future value of land. We gather and analyze this kind of information to make meaningful decisions.

     

  7. Cost vs. Value: We carefully evaluate the purchase price against the potential for increased value. Land for development or likely to be rezoned for higher-value uses can offer significant returns.

     

  8. Exit Strategy: We understand how it’s better for investors to profit from the land purchase, whether by selling after appreciation or developing the land.
What are the criteria for evaluating new build investment opportunities?
  1. Builder Reputation: We investigate the builder’s track record, quality of construction, and reliability. Established builders with a history of delivering high-quality projects on time are preferable.

     

  2. Location: The property’s location is crucial. Look for new builds in areas with strong demand for housing, good schools, amenities, and transport links, which can drive up property values.

     

  3. Price Comparison: We compare the price of the new build with existing properties in the area to ensure you’re paying a fair price. New builds often come at a premium, so we ensure the extra cost is justified by the benefits.

     

  4. Warranty: We choose new builds that come with warranties (like a 10-year structural warranty). These can add value and reduce maintenance costs in the early years.

     

  5. Energy Efficiency: We choose new builds with high energy efficiency ratings and modern technical features that can be more attractive to tenants and buyers, potentially lowering operating costs and increasing attractiveness.

     

  6. Potential for Appreciation: We pick properties with the potential for appreciation based on location, quality, and market dynamics. Properties in areas expected to see growth in infrastructure and amenities offer higher appreciation potential and are on our radar.

     

  7. Rental Yield: We calculate the potential rental yield and compare it with other investments. Only properties with “working” math are on our list because this eases the execution of the exit strategy and may be beneficial for investors willing to get the “passive” rental income.

     

  8. Financing and Incentives: We look into financing options and any incentives offered by builders or their partnering banks, which can affect the investment’s affordability and attractiveness for investors.

     

  9. Exit Strategy: We choose properties that provide a clear and easily implemented strategy for maximizing return on investment, whether through long-term rental income or selling after appreciation (or both, by leasing while selling).
  10.  
What are the criteria for evaluating commercial property investment opportunities?
  1. Location: Prime location is crucial for commercial properties. We look for areas with high foot traffic, good accessibility, and proximity to amenities if it’s retail or a desirable business district for office spaces, or a touristic hot spot if we’re talking about hotels.

     

  2. Tenant Quality: We carefully study the current situation with tenants and analyze our possibilities. Properties that can be leased to reliable, long-term tenants (e.g., national chains) offer more stable income streams and are primarily on our radar.

     

  3. Market Demand and Vacancy Rates: We investigate the local commercial real estate market for demand trends and vacancy rates. Lower vacancy rates and higher demand indicate a healthier market – and that’s exactly what we are looking for.

     

  4. Economic and Area Development: We look into the economic health of the area and any planned developments. Growth indicators include new infrastructure projects, population growth, and employment rates.

     

  5. Property Condition and Age: We evaluate the property’s condition and age, as these will impact maintenance costs and the attractiveness to tenants. Newer or well-maintained properties are often more desirable but we also consider other options if the math works.

     

  6. Zoning and Regulations: We ensure the property complies with local zoning laws and is not subject to unfavorable regulations that could affect its use or value.

     

  7. Financial Performance: We analyze the property’s financials, including income (rental income), expenses (operating costs), and net operating income (NOI). We look for properties with a strong NOI and potential for growth.

     

  8. Financing: We understand the financing options and conditions. Commercial properties often require larger down payments and have higher interest rates than residential properties, so the finance product should be considered carefully.

     

  9. Exit Strategy: Whether it’s selling after appreciation, refinancing, or holding long-term for steady income, we ensure the property aligns with investors’ investment goals and timeline.
  10.  

Investment newsletter

What is your investment newsletter?

This is a tailored investment proposal newsletter that we send to each client who’s in the process of capital allocation. Usually, we send one investment opportunity each week or two (depending on the complexity of the request). To stop receiving it, you may just ask the customer service manager.

How does your investment newsletter look like?

We send a pdf file to any type of communication channel you preffer (email, whatsapp, etc.) with the following information that is well enough to consider if this property fits your interests:

  1. Property description
  2. Location description
  3. Market analytics
  4. Calculations breakdown
  5. Investment terms of the acquisition

Investment allocation

Can I participate in a deal with only a part of capital required to acquire the property?

Yes, you can. For this purpose, we propose certain investment opportunities to clients with similar investment preferences. We manage to form a sort of co-investment group where the participants may make a co-investment agreement and become partner-investors.

Who may be my partner-investors?
All our investors share our vision for transparency and “fair play” business ethics, and among them, we choose who may be a good fit as partner-investors based on similar investment preferences and goals.
What is the minimum investment amount?

The minimum real estate investment amount required in a co-investment scheme is € 250,000. If you are eager to acquire property on your own, the minimum amount should be € 1 million.

Holding of the investment

Do I need to do anything after investing?

No, you will only need to make the investment, and we will handle all the rest – from value-adding activities to selling the property or managing it to obtain passive income.

Do you provide any reports?
Yes, we provide monthly reports regarding the investment status with detailed information, and of course, our customer service is here to answer all the questions you may have on a daily basis.
Do you guarantee any return on investment?

No. And if some companies do – be careful. We provide you with viable and very probable scenarios how we consider things will go, which may, in fact, not happen. And this is something to remember – no one can predict the future.

Is it safe to invest in properties you provide?
Maybe the best thing many consider real estate’s main advantage is that the price almost can’t go to zero. Can the property market fall? Yes. Can the “black swan” fly by? Yes. Can we do our best to keep your investment safe? Yes, and so we do.

Quick Facts

  • Founded in 2020

  • Experienced management of 20+ years in real estate

  • 50+ HNW clients trust us with their real estate investments in Portugal

  • Operating throughout the country

Mission

We operate a real estate company dedicated to enhancing our clients’ wealth through investments in properties with high profit potential and low risk.

Investors working with us aim to preserve their capital while earning returns significantly above long-term inflation rates, through property appreciation and/or obtaining passive income.

Management

Why We

  • We provide weekly offers to our client base on an individual basis – we know exactly who wants what.

  • We offer only properties with high potential and moderate risk.

  • We provide detailed analytics for each investment opportunity.

  • We do thorough due diligence on each and every property.

  • We accompany you throughout the investment – from studying the potential deal to the exit.

  • We partner only with the best service providers in every local market.

  • Oftentimes, we invest along with our clients.
  •  

Investment Terms

  • Minimum investment – € 250,000
  • Holding period – 1-3 years
  • Target capital growth – 20-40% (10-30% yearly)
  • Target passive income yield – 5% and more

Our Fees

Finding Fee
€1500 This fee is paid when the investor makes an individual request for a property. It does not apply to the properties we provide in our proposal list.
Deal Structuring Fee
0,1 — 0,5% This fee is paid if the deal needs a tailored investment vehicle, usually an LLC, for tax efficiency, liability protection, and transparency between partners. This fee does not apply if the deal goes straightforward without any such structuring.
Value-Adding Activities Management Fee
10% This fee is calculated as part of the total construction (reconstruction, refurbishment) cost.
Performance Fee
10 — 15% This fee is calculated as part of the gross profit. It is paid if value-adding activities were performed or/and managed by us. It is calculated based on the difference between the total investment cost and the current appraisal of the property made by an independent professional.
Exit Fee
5% It is the same as the brokerage fee when selling the property. This fee does not apply if the investor decides to keep the property for use or lease.