The notary is the most important figure when it comes to controlling the legal procedure as well as the financial process when buying a registered property such as a house. The notary supervises the entire process and ensures that all parties are acting legitimately. In Portugal, the notary is also involved in the purchase of a property.
In Portugal, it is customary to hire a lawyer to look after his/her legal interests during the purchase; think about checking attachments and mortgages, but also drafting the purchase deed and preparing the notary transfer. So, especially for your first purchase, it is advisable to use a lawyer, but it is not an obligation.
What does a lawyer do?
A lawyer will check whether the seller is actually the owner of the registered property and therefore legally authorised to actually sell it. Also consider checking the property’s legal documents such as a residential license or building permit. Suppose your dream home turns out to be an illegally built house or annex to a house after purchase. Suddenly, you are responsible for the demolition of your dream home.
Also important in Portugal is checking a mortgage or that there are other debts on the property, as you do not want to be unnoticed as being responsible for the debts or claim of others.
What does a lawyer cost?
The lawyer usually charges1% excluding VAT of the purchase price of the registry property. It is important that you can communicate well with your lawyer so that no important information is lost and you know exactly what is said and written.
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