Options available before CPCV signing only. All require a written OE-certified inspection report.
Option A
Price reduction
Use the inspection report to quantify the cost of defects and negotiate a reduction from the agreed purchase price before the CPCV is signed.
Finding: unlicensed extension. Regularisation cost: €18,000. Price negotiated down by €15,000.
Option B
Condition clause in CPCV
Insert a clause conditioning the CPCV on the seller obtaining a specific certificate or completing a specific repair before the escritura date.
Clause: sale conditional on seller obtaining valid gas inspection certificate (DL 97/2017) before deed date.
Option C
Resolution clause
Insert a right to withdraw without forfeiting the deposit if a specified condition is not met by a specified date. Requires careful drafting by the buyer's advogado.
Clause: buyer may rescind without penalty if EPC not produced within 30 days of CPCV signing.
Option D
Walk away before signing
If findings are too serious for negotiation, exit before signing the CPCV entirely. Zero legal commitment, zero deposit risk, zero legal fees.
Finding: structural defects requiring €80,000 remediation. Buyer exits. No financial loss.
Options A, B, C, D are no longer available
After signing, the only recourse for undisclosed defects is legal action under Código Civil Art. 913 (vícios ocultos). The standard is high: buyer must prove the seller had knowledge of the defect. Litigation in Portugal is slow and outcomes are uncertain. The inspection before the CPCV converts a potential court case into a negotiation.