CPCV in Portugal: 10 Things to Check Before Paying a Property Deposit
You've found a property, agreed on a price and received a draft contract. The agent wants to book the signing. Before you transfer a deposit, take a close look at the CPCV. This is where the real commitments of a Portuguese property purchase begin.
A good CPCV does more than put the price on paper. It identifies exactly what you're buying, who must do what, when the sale will complete and what happens if something goes wrong. The wrong clause can turn an ordinary delay, an unsuccessful mortgage application or a missing document into an expensive dispute.
What is a CPCV?
CPCV stands for contrato-promessa de compra e venda, the promissory contract of purchase and sale. It commits the parties to complete a future transaction on agreed terms. It usually comes before the final deed (escritura) or authenticated private instrument. Signing a CPCV does not, on its own, make you the registered owner.
A CPCV is common in Portugal, but it is not compulsory in every sale. If you use one, Articles 410, 441 and 442 of the Portuguese Civil Code become especially relevant to the form of the agreement and the money paid as sinal (deposit).
The 10 checks worth making before signing
1. Is the property described correctly?
Check the address, registry details, tax identification, unit number, any garage, storage room, terrace, parking space and other parts included in the price. The contract and annexes should describe the same asset you actually visited. Don't assume the marketing brochure will resolve a contradiction in the signed text.
2. Is the seller entitled to sell it?
Compare the seller's identity with the property register (certidão permanente do registo predial). Check any mortgages, attachments or restrictions shown in the record, and how they will be dealt with before or at completion. If a representative signs, check the authority to do so.
3. Do the property's documents match the intended use?
The land register, tax record (caderneta predial), urban planning documentation, energy certificate and condominium information serve different purposes. Ask for the documents relevant to your purchase and examine inconsistencies. If you are buying a property to renovate, let or divide, clarify the legal position of the proposed use before you commit.
4. What exactly are you paying, and to whom?
The CPCV should say the full price, the amount and legal character of each advance payment, the recipient, account details, dates and how every amount is deducted at completion. The word sinal has real consequences. Make sure the bank transfer and receipt can be matched to the agreement.
5. What if the bank refuses your mortgage?
A mortgage application is not a mortgage approval. If financing is essential, address it in the contract: the approval condition, the amount needed, the deadline for the bank's answer and what happens to the deposit if the loan is refused. Don't assume the deposit automatically comes back because the bank said no.
6. Are the deadlines realistic?
Check when the deposit is due, when the seller must deliver documents, when the final deed can take place and how dates may be extended. A target month and a binding deadline are not the same thing. Overseas buyers also need time for transfers, bank checks and signing arrangements.
7. What will be delivered with the property?
Are appliances, built-in furniture, parking, storage and agreed repairs included? Will the property be vacant? For a new build, pay close attention to plans, specifications, finishes, changes the developer may make, the delivery timetable and the payment milestones. Put material promises into the contract or its annexes.
8. Who must resolve outstanding issues before completion?
The text should allocate responsibility for necessary certificates, cancellation of mortgages, condominium information and other agreed deliverables. Check who bears each cost and what happens if documents are late. A missing document can affect the planned signing date.
9. What happens if one side fails to complete?
Article 442 of the Civil Code sets out important consequences of a sinal. Where the conditions are met, a buyer responsible for non-performance may lose the deposit; where the seller is responsible, the buyer may claim double the deposit. These are not automatic outcomes for every disagreement or delay. The contract, breach and remedies must be examined together.
For example, with a €30,000 sinal, a claim for double would mean €60,000 if the applicable legal conditions are established. This is why a deposit should never be treated as an insignificant reservation fee.
10. Have the legal and physical checks both been planned?
A legal document review does not replace an inspection of the actual building. If condition, moisture, alterations, common areas or building services matter, organise a suitable technical inspection. For an apartment, obtain the relevant condominium information. Resolve material questions while you still have negotiating room.
Buying off-plan? Pay special attention to the timetable
With a new-build property, you're buying not only an apartment but a promise of future delivery. Compare the proposed CPCV with the developer's project documents. Look closely at staged payments, the specification of the unit, completion milestones, any delay provisions and what must happen before the final deed. A polished render is not a substitute for a clear written agreement.
We also offer a broader new-build due diligence review when you need the developer, project documents and the transaction checked together.
Before you send the deposit: a simple buyer's checklist
Have the draft CPCV and its annexes, the registry certificate, property tax record, documents relating to the property's intended use and the seller's details ready. If you need a mortgage, add the financing correspondence. Make a short list of the points that matter most to your purchase: a move-in date, vacant possession, an agreed repair or a specific parking space.
You don't need to solve every legal question yourself. You need to know which questions must be settled before you sign.
CPCV review by Noble Assets: €300
Our lawyers review the proposed contract and relevant attachments and give you written findings on the important terms, risks and questions to address. We can also discuss amendments, negotiations or broader purchase support as separate services.
Already have a draft CPCV? Send it to us before you sign. We'll clarify the documents needed and arrange the €300 contract review.
If your concern is the property itself, start with our property document check. If your purchase involves a new build, see new-build due diligence.