If the buyer withdraws
−€30,000
On a €300,000 property with a 10% deposit. A mortgage refusal does not protect you unless the contract says so.
Buying property in Portugal · August 2026The point of no return
The point of no return
comes earlier than you think.
Somewhere between the offer and the keys, a Portuguese purchase stops being reversible. You sign one document, you pay 10 to 20% of the price directly to the seller, and from that moment you are committed to buy. No cooling-off period. No escrow. And since DL 10/2024, no official check that the property is legal. That document is called the CPCV.
An InspectOS engineer inspects the property before you sign, and sends a bilingual report within 48 hours. No authority will do it for you.
- OE-certified engineers
- Gas and energy work by DGEG- and ADENE-registered professionals
- Bilingual report in 48h
- Lisbon and Porto
The contract
What a CPCV actually is
The CPCV (Contrato-Promessa de Compra e Venda) is Portugal's promissory contract of purchase and sale. Buyer and seller sign it weeks or months before the deed (escritura), and Portuguese law treats it as binding from that moment.
The closest thing you already know
- United KingdomExchange of contracts
- United StatesGoing under contract
- FranceCompromis de vente
- NetherlandsKoopovereenkomst
Each of those comes with a statutory escape route. The CPCV comes with none.
What signing one commits you to
- When you sign
- Weeks to months before the deed
- What you pay
- 10 to 20% of the price, the sinal
- Who holds it
- The seller, directly. No escrow.
- Cooling-off period
- None. Binding on signature.
- If you withdraw
- You forfeit the full deposit
- Governing law
- Civil Code Arts. 410 to 418, and 442
What it costs you
Three numbers that decide the whole transaction
0 days
to change your mind after signing the CPCV. France gives 10, the Netherlands 3, Portugal none.
2024
is when Decreto-Lei n.º 10/2024 removed the use authorisation and technical file from the deed. No authority inspects the property on your behalf.
10 to 20%
of the price paid as deposit, directly into the seller's account. It is forfeited if you withdraw for any reason not written in the contract.
Side by side
Your home country's playbook does not work here
Five protections you would expect as standard, and what survives a Portuguese purchase.
Cooling-off period after signing
- UKPartial or conditional
- USPartial or conditional
- FR / NLStandard protection
- PortugalNot provided
Deposit held in escrow or by a neutral party
- UKStandard protection
- USStandard protection
- FR / NLStandard protection
- PortugalNot provided
Survey or inspection is a standard step
- UKStandard protection
- USStandard protection
- FR / NLStandard protection
- PortugalNot provided
Authority verifies legal compliance at sale
- UKPartial or conditional
- USPartial or conditional
- FR / NLStandard protection
- PortugalNot provided
Simple recourse if hidden defects surface later
- UKPartial or conditional
- USPartial or conditional
- FR / NLPartial or conditional
- PortugalNot provided
| Protection | UK | US | FR / NL | Portugal |
|---|---|---|---|---|
| Cooling-off period after signing | Partial or conditional | Partial or conditional | Standard protection | Not provided |
| Deposit held in escrow or by a neutral party | Standard protection | Standard protection | Standard protection | Not provided |
| Survey or inspection is a standard step | Standard protection | Standard protection | Standard protection | Not provided |
| Authority verifies legal compliance at sale | Partial or conditional | Partial or conditional | Standard protection | Not provided |
| Simple recourse if hidden defects surface later | Partial or conditional | Partial or conditional | Partial or conditional | Not provided |
Sources and definitions
Yes = standard protection. Partial = conditional or limited. No = not provided by default in Portugal. UK and US cooling-off: freedom exists only before exchange or contract, not after. FR = 10-day délai de rétractation (loi SRU, Art. L271-1); NL = 3-day bedenktijd (Burgerlijk Wetboek 7:2). Portugal: since DL 10/2024 the notary no longer verifies municipal compliance; the sinal is paid directly to the seller; the Civil Code (Art. 442) provides no reflection period. Escrow and inspection contingencies exist in Portugal only if written into your CPCV.
The buyer's journey
Where the CPCV locks you in, and where you can still protect yourself
After stage 5, walking away costs the deposit. After stage 7, every hidden problem is yours.
- 1
Research
Budget, location, NIF, bank account. No commitments yet.
- 2
Viewings
Often remote for overseas buyers. Nobody sees inside the walls.
- 3
Offer accepted
Price agreed verbally. Full freedom to walk away at no cost.
- 4
Due diligence
Documents plus technical inspection. The only risk-free window.
Ideal inspection window - 5
CPCV signed
Deposit paid straight to the seller. Withdrawing now costs that amount.
Point of no return - 6
Mortgage and valuation
A bank valuation is not an inspection. It only validates the loan.
Last window, with clause - 7
Deed (escritura)
Ownership transfers. From that point, putting defects right is yours to arrange and pay for.
DL 10/2024, no verification - 8
Ownership
Hidden defects discovered after purchase are paid for by the buyer alone.
- InspectOS inspection window
- Money locked in
- Defects become the owner's to resolve
The deposit regime · Civil Code Art. 442
What backing out costs each side
Civil Code Art. 442 decides what happens to the deposit if either side walks away.
If the seller withdraws
+€60,000
The seller repays your deposit double. You can also force the sale through court (Art. 830).
The window to verify is before you sign, while walking away still costs nothing.
Structured checkpoint list, bilingual EN/PT report in 48 hours, booked around any CPCV timeline.
Build your own protection
Portugal does not give you safeguards. Your CPCV can.
These recreate by contract what other countries grant by law. None is automatic. Your lawyer must negotiate them in before you sign.
- 1
Financing condition
Bank refuses the loan or undervalues the property: the contract dissolves, your deposit returns in full.
Mortgage contingency
- 2
Free of charges declaration
Seller declares the property free of mortgages, liens, condo debts and tax arrears at deed date.
Title check
- 3
Document delivery deadlines
Energy certificate, use licence, technical file and condominium minutes, each listed with a date.
Disclosure pack
- 4
Inspection contingency
Defects above an agreed threshold let you exit with your deposit, or renegotiate the price.
Survey condition
| Clause to negotiate | What it does | You may know it as |
|---|---|---|
| 1Financing condition | Bank refuses the loan or undervalues the property: the contract dissolves, your deposit returns in full. | Mortgage contingency |
| 2Free of charges declaration | Seller declares the property free of mortgages, liens, condo debts and tax arrears at deed date. | Title check |
| 3Document delivery deadlines | Energy certificate, use licence, technical file and condominium minutes, each listed with a date. | Disclosure pack |
| 4Inspection contingency | Defects above an agreed threshold let you exit with your deposit, or renegotiate the price. | Survey condition |
Verification in 3 layers
What to check before the CPCV
No cooling-off period means verification happens before you sign, or not at all.
1DocumentsWhat the registries say about the property.
- Land registry certificate (Certidão Permanente): owner, liens, lawsuits
- Tax record (Caderneta Predial): area, type, taxable value
- Use licence checked against physical reality
2TechnicalWhat no document reveals. Only an on-site inspection finds it.
- Structural and seismic condition
- Planning compliance against the approved project
- Gas and electrical installations
- Hidden damp and infiltration
3CertificatesWithout them, the buyer inherits fines.
- Valid energy certificate: fine €250 to €3,740 (DL 101-D/2020)
- DGEG gas certificate: fine €250 to €3,500 (DL 97/2017)
Frequently asked
CPCV questions, answered
Is there really no cooling-off period at all?
Correct. Portuguese law provides no reflection period for property purchase contracts between private parties. The moment both parties sign the CPCV, the deposit regime of Civil Code Art. 442 applies. Any exit rights must be written into the contract as conditions before signing.
Who holds my deposit if there is no escrow?
The seller, personally, from the day you sign. If the seller becomes insolvent or the deed falls through for reasons on their side, recovering the deposit can mean a court process. Two mitigations: verify the property is free of liens on the day of signing with a fresh Certidão Permanente, and register the CPCV at the land registry so the property cannot be sold to a third party while you wait for the deed.
Can I withdraw from the CPCV without losing the deposit?
Only if the contract says so. If the CPCV includes a condition, for example mortgage approval or a clean inspection, and that condition fails, the contract dissolves and the deposit is returned. Outside what is written in the contract, withdrawing means forfeiting it.
Does the notary check the property is legal?
Not anymore. Since DL 10/2024, the Simplex Urbanístico reform, the notary is no longer required to verify the use licence or municipal compliance at the deed. Illegal works, missing certificates and structural defects transfer with the house, and legalisation under the RJUE is commonly estimated at €15,000 to €45,000. The only verification that happens is the one you commission yourself.
Does the CPCV protect me from illegal works?
Not automatically. If the seller expressly declares the property free of unlicensed works and that is false, you may have grounds to rescind or cut the price. Without that declaration, and without a prior inspection documenting the property's condition, a buyer who discovers illegal works after the deed inherits the problem with no simple recourse.
I am buying remotely. What should I do differently?
Remote buyers carry the same legal exposure with less visibility. Have a lawyer review the CPCV before signing, insist on the four protection clauses, and commission an independent inspection with a bilingual report. Register the CPCV at the land registry to block a sale to anyone else while you are abroad.
Protect your deposit
In Portugal, the only safety net is the one you bring.
Structure, compliance, installations and certificates, checked before you sign.
This guide is for information only and is not legal advice. Country comparisons describe typical market practice and statutory consumer protections. Sources for Portugal: Civil Code (Arts. 410 to 418, 442, 830); DL 10/2024; RJUE (DL 555/99); DL 97/2017; DL 101-D/2020. Updated August 2026. See the pre-purchase inspection service.