Portugal immigration lawyer – English speaking lawyers in Portugal (Cascais) – Portugal attorney

Drafting a Preliminary Sale and Purchase Agreement (CPCV)

Properly drafting a CPCV for a secure real estate transaction in Portugal — taking into account your interests and local legislation.

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What is a CPCV and why is it needed

The Preliminary Sale and Purchase Agreement (Contrato-Promessa de Compra e Venda, or CPCV) is a legally binding document signed before the final contract in a property purchase transaction in Portugal. It sets out the parties’ intention to complete the sale in the future under agreed conditions.

For many buyers, the CPCV is the first serious step toward owning a home. The buyer receives legal protection — the seller cannot back out without a valid reason, and vice versa.

When the Preliminary Agreement is Signed

As a rule, the CPCV is signed after the parties agree on all key conditions and the main checks are completed, but before the final notarial deed. At this stage, the buyer is selected, financing is approved, and the property is withdrawn from the market so that no one else can close the deal.

It is often used when a mortgage needs to be finalized, ownership needs to be transferred from a company, or simply for organizational purposes.

What Problems the CPCV Solves

A well-prepared preliminary sale and purchase agreement allows you to:

  • Secure the property and avoid losing it due to a formal delay;
  • Set payment terms and a final deadline for signing;
  • Define responsibility for delays or refusal to complete the transaction;
  • Outline the procedure for returning the deposit or applying penalties.

The CPCV is a key tool for protecting your rights and interests at the stage when the property is already selected, but the transaction has not yet been completed.

What Risks It Helps Avoid

Without a CPCV, a real estate transaction may turn out to be legally unenforceable. In practice, this happens when, after reaching an oral agreement, the seller suddenly raises the price or sells the property to another buyer.

The CPCV minimizes such risks. It sets out the obligations of both parties in written form, protecting the interests of both the buyer and the seller. In case of breach, the agreement serves as a legal basis for claiming compensation through court.

What the CPCV Preparation Service Includes

Legally sound CPCV preparation requires attention to detail and understanding of Portuguese law. The service includes:

  • Analysis of the legal status of the property;
  • Checking ownership and registration documents;
  • Coordination of contract terms with both parties;
  • Drafting the contract text in Portuguese, and if needed, in English;
  • Legal explanation of each clause;
  • Ensuring legal clarity and correct wording;
  • Advice on tax issues and the effects of the contract’s conclusion.

Additional services are available upon request, such as translation into the buyer’s native language, contract review from the seller’s side, or template adaptation to specific needs and property type.

What Affects the Cost of the Service

The cost of preparing a CPCV in Portugal depends on the complexity of the transaction, number of parties involved, type of property documents, the need for translation, and the time required.

Besides the base fee, costs may vary depending on whether the service includes additional legal support or is limited to reviewing a ready-made draft. We always discuss the scope of work in advance and offer clear pricing.

Who Benefits from CPCV Preparation

This service is especially relevant for:

  • Foreign buyers unfamiliar with the Portuguese system;
  • Those who are buying property remotely or through agents;
  • Clients who want to avoid legal risks and protect their deposit;
  • Everyone who values legal clarity and security in real estate transactions.

Our goal is to create a document that truly protects you, not just one that looks “legal”. We consider not only the letter of the law, but also real-world situations that may arise during the transaction.

Why It’s Important to Trust Professionals

Preparing a CPCV without legal knowledge is extremely risky. A single mistake in wording can result in financial and legal consequences. This is especially relevant for foreigners unfamiliar with local practices.

By turning to professionals, you get not only a properly drafted contract, but also the confidence that your interests are protected. We pay attention to every detail — from the proper format to the coordination of deadlines and terms.

Why Clients Choose MoveToCascais

Our team has extensive experience drafting preliminary sale and purchase agreements in Portugal. We work with both locals and foreigners, know all the nuances of the law, and explain everything in clear terms.

We support clients in Portuguese, English, Russian, and Ukrainian, ensuring full process understanding and a personalized approach to each case. Our goal is not just to prepare documents, but to make the process safe and comfortable for you.

Need expert assistance?

Some services can be challenging to handle on your own. Trust our team of professionals to guide you through every step.

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Frequently Asked Questions

1. Can I proceed without a CPCV?

Technically — yes. But in this case, neither party has legal guarantees, and the agreement remains verbal. This increases the risk of disputes and financial losses.

2. What happens if one party breaches the agreement?

If the buyer breaches it — they usually forfeit the deposit in full. If the seller breaches it — they must return double the deposit. All these conditions should be clearly outlined in the CPCV.

3. Who pays for CPCV preparation?

Usually the buyer pays for it. But sometimes the cost is shared — this can be negotiated depending on the situation and contract format.

4. Can Changes Be Made After Signing?

After signing, any changes are only possible by mutual agreement and must be in written form. We always recommend carefully reviewing the contract at the preparation stage.

How we can help

Property Document Check

We review the legal status of the property, cadastral, and registration data.

Drafting the CPCV Text

We draft the contract with full legal accuracy and tailored to your interests.

Negotiations with the Seller

We help align terms and minimize risks during deal negotiation.

Legal Support for the Transaction

We represent your interests at all stages — from CPCV preparation to the final notarial deed.

Contract Translation

We provide translation into your language with preservation of legal accuracy.

Tax Consultation

We explain taxes, duties, and related transaction costs.

Other services

Support during an AIMA appointment

If you have an in-person visit to the immigration service (AIMA) — for a visa, residence permit, or renewal — we will provide a lawyer to accompany you, ensuring that your interests are protected and taken into account.

Representation of your interests in court

We handle court cases of various categories: from immigration and civil to administrative. We protect our clients at every stage, carefully prepare documents, and represent your position in court.

Court request for an AIMA slot

If it is impossible to book an AIMA appointment through standard means, we submit an official court request to set a date. This is a legal way to speed up the process.

Appealing AIMA decisions

Received a refusal from the immigration service? We will prepare and file a legal complaint to challenge an unfair decision and defend your rights.