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Analysis of the Preliminary Sale and Purchase Agreement (CPCV): protecting your interests before the deal

Before signing a CPCV, it’s important to make sure there are no hidden pitfalls. We’ll review the contract, explain the risks, and help you make an informed decision.

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What Is a CPCV and Why It’s Needed When Buying Property in Portugal

The Preliminary Sale and Purchase Agreement (Contrato-Promessa de Compra e Venda, or CPCV) is a binding legal document signed by the parties before the final deed of sale for real estate in Portugal. It records the key terms of the deal, such as the agreed price, deadlines, obligations of the parties, and potential penalties for breach. For many foreign buyers, this is their first official step toward purchasing property in the country, which is why it’s important to approach it with maximum care.

A CPCV is binding — this means that both parties must fulfill its terms. After signing, neither side can withdraw from the agreement without consequences. If the buyer cancels the deal, the deposit is usually forfeited; if the seller breaches the terms, they must return double the deposit. This is why a preliminary contract analysis is essential — it helps protect you from unpleasant consequences.

Why It’s Important to Analyze the CPCV Before Signing

Reviewing a CPCV is a necessary precaution and a smart step, especially for foreigners buying from abroad. The document may contain hidden risks, such as:

  • Unfavorable terms for the buyer;
  • Disproportionate penalties for breach of obligations;
  • Vague or ambiguous clauses;
  • Failure to account for specific features of the property or transaction.

Without legal review, such issues can easily be overlooked or misinterpreted, which may result in financial losses or complications when registering property.

What Risks Can Be Hidden in a Preliminary Agreement

Even a standard-looking CPCV may contain legal risks that are hard to spot without professional review. The most common include:

  • Missing references to existing encumbrances on the property;
  • Penalty clauses that unfairly favor the seller;
  • Unclear or unevenly distributed responsibilities;
  • Terms that cannot be fulfilled in practice;
  • Clauses with documents that are not defined or attached.

Legal review of the preliminary sale and purchase agreement allows you to detect such issues in time and correct them before the contract becomes binding and enforceable.

What’s Included in CPCV Review Service

The CPCV review service includes a comprehensive legal analysis of the contract content, which covers:

  • Examination of each clause for compliance with Portuguese law;
  • Identification of risks and ambiguities;
  • Assessment of balance and fairness of conditions;
  • Review of the seller’s obligations toward the buyer;
  • Risk mitigation recommendations tailored to the client;
  • Review of documents attached to the contract.

We also provide a professional translation of the contract (if it is only in Portuguese), or at minimum a written explanation of the key provisions.

Who Especially Benefits from CPCV Review

CPCV analysis is especially important if:

  • You are a foreigner purchasing property in Portugal for the first time;
  • You are unfamiliar with the local legal system;
  • You want to conduct the transaction safely without unnecessary risks;
  • You are buying remotely, without personal presence.

If you are buying from a private seller or construction company, it is especially important to check the preliminary agreement — this is the stage where the majority of risks are usually hidden.

What Determines the Cost of the Service

The cost of analyzing a preliminary sale and purchase agreement (CPCV) depends on:

  • The volume and complexity of the document;
  • The presence of appendices (e.g. floor plans or side agreements);
  • The level of legal risk and ambiguity in the text;
  • The urgency and timeline for the analysis.

We can confirm the final cost only after reviewing the contract — we evaluate the scope of work before starting cooperation.

Are Custom Terms Possible

Yes, we take an individual approach in each case. Depending on the client’s needs, the service may include only review and recommendations or also clarifications of the CPCV content. We work in several languages and are ready to adjust the work format — for example, prepare a written summary, conduct consultations via video call, or meet with you at a convenient time.

Why Clients Choose MoveToCascais

Clients choose MoveToCascais thanks to our deep experience in real estate in Portugal and our professional legal approach. We know local laws, common schemes involving foreigners, and hidden wording that may create problems in the future.

  • We speak your language — Russian, Ukrainian, English, and Portuguese.
  • Our team includes lawyers focused specifically on real estate deals.
  • We act only in the interests of the client — no hidden motives.
  • We explain clearly, provide detailed guidance, and work at a high professional level.
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. What is a CPCV and why is it needed when buying property in Portugal?

A CPCV (Contrato-Promessa de Compra e Venda) is a preliminary agreement in which the buyer and seller agree on key terms of the future deal — the price, deadline, and obligations of the parties. It secures the buyer’s interest and obligates the seller to sell the property under the stated conditions.

2. Why conduct an analysis of the preliminary agreement if it was drafted by an agent or developer?

Agents and developers primarily represent their own interests. A legal CPCV analysis is an independent review of the terms aimed at protecting the buyer. We identify potential risks, hidden clauses, and advise on the best course of action.

3. What risks can a CPCV contain?

The most common risks are vague wording, penalties for late payment, lack of guarantees regarding the transfer of the property, or hidden buyer obligations. Without analysis, it's easy to overlook clauses that may result in financial or legal issues.

4. Who conducts the CPCV analysis and in what language?

The analysis is carried out by lawyers specializing in real estate transactions in Portugal. We work in Portuguese, English, Ukrainian, and Russian and always provide a clear explanation of the contract in a language you understand.

5. How long does the contract analysis take?

It depends on the volume and complexity of the documents. On average, the base review takes 1 to 3 business days. In urgent cases, faster analysis may be available.

6. Can I change the contract terms after the analysis?

Yes, if changes or clarifications are needed, especially if the contract has not yet been signed. We help propose reasonable changes and communicate with the seller or agent to agree on the revised terms.

How we can help

Legal Analysis of CPCV

We conduct a detailed review of the preliminary agreement, identify inconsistencies, risks, and potentially unfavorable terms for the buyer.

Identification of Legal Risks

We assess the contract content for hidden obligations, ambiguous wording, penalty clauses, and other legal pitfalls.

Clarification of Structure and Terms

We explain in plain language what each section of the agreement means. We help you understand the legal terminology and your obligations.

Recommendations for Contract Revisions

We prepare a list of suggested changes and edits to better protect the client’s interests and make the deal safer and more transparent.

Verification of Compliance with Portuguese Law

We ensure that the CPCV agreement complies with Portuguese law and does not violate the buyer’s rights.

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.