CPCV · The moment of signature

What the CPCV signature changes, and what it leaves untouched

Signing does not transfer the property and does not start a warranty period. It changes the price of leaving.

What changes at signature
Immediate effect
  • The exit stops being free. The sinal is forfeited if the buyer defaults, and returned twofold if the seller does.Código Civil, Art. 442.º
  • A finding becomes a dispute. Before signature the same finding supports a price reduction, a condition, or a decision to walk.
  • Specific performance needs to have been preserved. A bare sinal clause is presumed to exclude it.Código Civil, Art. 830.º
What the signature does not do
Unaffected
  • It does not transfer ownership. Ownership passes at the escritura, then at the land registry.
  • It does not start a warranty clock. Denúncia runs from discovery, and the five-year cap from delivery.Código Civil, Arts. 916.º, 917.º, 1225.º
  • It does not shift the burden of proof. Proving the defect exists stays with the buyer.Código Civil, Art. 342.º n.º 1
The practical reading

The statutory rights survive a fast signature. The leverage does not. A dated record of the property's condition, produced before commitment, is what discharges the buyer's half of the evidential burden later.

Sources: Código Civil, Arts. 342.º, 442.º, 799.º, 830.º, 916.º, 917.º, 1225.º · Decreto-Lei n.º 10/2024, de 8 de janeiro · Diário da República.
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