Signing a Promissory Contract (CPCV) to Buy a Home in Portugal

Last verified: October 2026.

Who this is for

• You have agreed a price on a home in Portugal and have been sent a promissory contract to sign.
• You are buying from abroad or as a resident, from the EU or outside it.
• You are selling and want to know what the deposit commits you to.

Not for you if: you want the whole buying process, taxes, and costs. Read Buying Property in Portugal as a Foreigner instead.

The promissory contract (contrato promessa de compra e venda, or CPCV) is a written agreement to buy and sell a home later, at the deed. It fixes the price, the deposit, and the deed date. It is not compulsory, but most purchases use one.

Any money you pay on signing is treated by law as a deposit (sinal). If you pull out through your own fault, you lose it. If the seller pulls out through their fault, they must pay you double. For a building, the signatures must be recognised in person.

What the CPCV does

In Portugal, a sale usually happens in two steps. First you sign the promissory contract. Weeks or months later you sign the deed (escritura), or its equivalent, and ownership passes to you. In between, you arrange your mortgage and checks, and the seller clears any charges.

The CPCV binds both of you during that gap. Without one, the seller could accept a higher offer, or the buyer could walk away, with no consequence. It matters most when you buy off-plan, where the gap can last years.

The law treats the promise like the final sale, except for the formal rules. The rights and duties under it also pass to each party's heirs.

The deposit (sinal)

Under the Civil Code, any money the buyer gives the seller under a CPCV is presumed to be a deposit. This applies even if the contract calls it an advance on the price. At the deed, the deposit counts towards the price.

The law sets no amount. You and the seller agree it, and you can pay it in stages.

If the buyer pulls out through their own fault, the seller keeps the deposit.

If the seller pulls out through their fault, the buyer can claim double the deposit. Pay €30,000 and a defaulting seller owes you €60,000.

If you already moved in. If the home was handed over to you before the deed, you have another choice. Instead of double the deposit, you can claim the home's value when the seller defaulted, minus the agreed price. You also get back your deposit and any part of the price you paid. The seller can block this by offering to complete the sale.

No extra damages. Unless the contract says otherwise, losing the deposit or paying double is the only compensation. Neither side can claim more.

Pay the deposit by bank transfer and keep the proof.

Forcing the sale (execução específica)

Sometimes you want the home, not the money. If the other side does not keep the promise, you can ask a court for a ruling that has the same effect as the deed. This is called specific performance (execução específica). The court completes the sale for you.

For an ordinary promise, a deposit or a penalty clause normally rules this out. But for a promise to buy a building, or a flat in one, the right to go to court cannot be removed by the contract. A deposit does not take it away.

If you choose specific performance, you must usually deposit your side of the price with the court, within the time it sets. If the home carries a mortgage, you can also ask the court to order the seller to pay you the amount needed to clear it.

Court cases take time and cost money. Ask a lawyer which route suits your case before you start one.

The signing rules

The CPCV must be in writing and signed by both parties. For a home or a flat, already built, being built, or still to be built, the law adds two steps:

• In-person signature recognition (reconhecimento presencial). You sign in front of a notary, lawyer, solicitor, or registry officer, who confirms your identity.
• A licence check. That professional certifies that the property has a use licence or a building licence.

If these steps are missing, only the buyer can normally rely on the defect. The seller can rely on it only if the buyer caused the omission. Even so, do not skip them. Recognition at a registry office costs €12 per signature, and it forces an early check of the licence. See Checking a Property's Habitation Licence and Using a Notary and Certifying Documents in Portugal.

Before you sign, the seller must give you a copy of the energy certificate. See Getting an Energy Certificate (Certificado Energético).

Protection against a double sale (eficácia real)

An ordinary CPCV binds only the two of you. If the seller sells to someone else, you can claim the deposit penalty, but not the home.

You can close that gap by giving the promise effect against everyone (eficácia real). You need three things:

1. an express statement in the contract;
2. a public deed or an authenticated private document (documento particular autenticado); and
3. registration of the promise at the land registry.

This adds cost. It is most worth it for off-plan purchases or a long gap before the deed.

Checks to make before you sign

Your lawyer or solicitor should get and read:

• The land registry certificate (certidão permanente). It shows the owner and any mortgage, seizure, or other charge. See Getting a Property Registry Certificate (Certidão Permanente).
• The tax record (caderneta predial). It confirms the tax value and matches the registry.
• The use licence or other planning title. Since August 2026, the deed must say whether one exists. Ask now, not at the deed.
• The ficha técnica da habitação, for homes built or rebuilt since 2004. See Understanding the Ficha Técnica da Habitação.
• The energy certificate. The seller must give you a copy before you sign.
• Condominium debts, for a flat. See How a Condominium (Condomínio) Works in Portugal.

What the contract should say

• the names and tax numbers (NIF) of everyone signing;
• the property, with its registry and tax numbers;
• the price, the deposit, and when the rest is paid;
• the deadline for the deed, and who books it;
• who pays which costs;
• what happens if your mortgage is refused, so your deposit comes back;
• for off-plan homes, the build dates, the licence, and penalties for delay.

Taxes

The property transfer tax (IMT) and stamp duty are paid before the deed, not at the CPCV. Budget for them from the start. See Buying Property in Portugal as a Foreigner.

What this means for you

• Cash buyers. Do your checks before signing, and set a deed date you can meet. If you miss it through your own fault, the deposit is at risk.
• Mortgage buyers. Make completion depend on loan approval, and match the deed date to the bank's timeline. See Getting a Mortgage in Portugal.
• Off-plan buyers. Push for firm dates and delay penalties, and consider registering the promise.
• Buying from abroad. You need a NIF first. Someone you trust can sign for you with a power of attorney (procuração). See Granting a Power of Attorney (Procuração) in Portugal.

This guide is general information, not legal advice. Have your own lawyer or solicitor check the contract before you sign.

Sources

This guide is written from official sources and, where relevant, organisations' own websites.

• Procuradoria-Geral Distrital de Lisboa, Código Civil: https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabela=leis (article 410.º rules of the sale apply, written form, in-person recognition and licence certification for buildings, who may rely on the defect; 412.º rights pass to heirs; 413.º effect against third parties by express statement, deed or DPA, and registration; 441.º money paid presumed a deposit; 442.º deposit counted towards the price, kept or returned double, value option where the home was handed over, seller may offer to complete, no other damages unless agreed; 830.º specific performance, deposit normally excludes it, cannot be excluded for buildings, mortgage clearance amount, deposit of the price), checked 2 October 2026
• Procuradoria-Geral Distrital de Lisboa, Regulamento Emolumentar dos Registos e Notariado, article 27: https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=471&tabela=leis (€12 signature recognition at a registry office), carried from verified guide W2B-31, checked 1 October 2026
• Diário da República, consolidated Decreto-Lei n.º 101-D/2020 (energy certification): https://files.dre.pt/1s/2020/12/23701/0002100045.pdf (article 29.º copy of the certificate to the buyer before the promissory contract), carried from verified guide W2B-24, checked 1 October 2026
• Diário da República, Decreto-Lei n.º 108/2026, of 29 May: https://files.diariodarepublica.pt/1s/2026/05/10400/0024600377.pdf (deed must state whether a planning title exists; in force 3 August 2026), checked 2 October 2026
• Portal das Finanças, IMT Code, consolidated text: https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/codigos_tributarios/Cod_download/Documents/CIMT.pdf (article 36.º IMT paid within 30 days of assessment; article 49.º proof of payment at the deed), carried from verified guide W2B-24, checked 1 October 2026

Last verified October 2026. Rules and fees change; check the official source before acting.