The standard CPCV template protects the seller. Not you.The standard CPCV template protects the seller. Not you.
Portugal's Contrato de Promessa de Compra e Venda is legally binding. The deposit is non-returnable if you withdraw without a valid clause. PropCheck audits 30+ buyer-protective clauses before you sign and put money at risk.
The CPCV is signed before the final deed, with a deposit of typically 10–20% of the purchase price. Under Portuguese law (Artigo 442º CC) that deposit is forfeit if the buyer withdraws without a contractual right to do so. PropCheck's CPCV Auditor checks 30+ clauses across financing conditions, legalisation warranties, licence obligations, defect disclosure, condominium clearance, and completion timeline — and flags every clause that is absent or inadequate. Solicitor matching available for clause drafting.
The CPCV template most Portuguese agents use is designed to get the transaction done. Buyer-protective clauses that every experienced solicitor includes — particularly the financing condition and the DL 10/2024 legalisation warranty — are absent from most standard templates. You only discover the gap if you know what to look for.
Deposits on mid-market Portuguese properties typically run between €20,000 and €150,000. That is the amount at risk if you sign without the right protective clauses and then encounter a problem that gives you no contractual right to exit.
The most critical clauses PropCheck checks
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Condição suspensiva de financiamento
Makes the purchase conditional on obtaining a mortgage on agreed terms. Without it, if the bank appraisal comes in low or the mortgage is refused, you have no contractual right to withdraw and recover your deposit. Absent from most standard templates.
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DL 10/2024 legalisation warranty
The seller warrants that all works are duly licensed, or undertakes to regularise any unlicensed works before the escritura at the seller's cost. Without this, you buy whatever legal exposure the property carries.
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Condominium debt clearance (Lei 8/2022)
Under Lei 8/2022, outstanding condominium charges transfer to the new owner on sale. The CPCV must require the seller to provide a declaração de não dívida from the condominium administrator before the escritura.
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Licença de Utilização obligation
The seller confirms a valid Licença exists for the entire property and undertakes to provide it before the escritura. Where partial or absent, the clause must specify the remedy and timeline.
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Defects and condition disclosure
The seller discloses all known structural issues, damp, defects, and material condition matters. Without an explicit clause, the seller's liability for undisclosed defects is significantly limited under Portuguese law.
✓
Sinal em dobro on seller breach
If the seller withdraws, they must return double the deposit (sinal em dobro). This is statutory under Artigo 442º CC but should be explicitly stated in the contract rather than implied.
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Certificado Energético provision
The seller must provide a valid, current energy certificate at or before the escritura. Without this clause, disputes about certificate validity can delay or complicate completion.
A real scenario — Cascais, 2024A buyer signed a CPCV without a financing condition. The bank's appraisal came in €55,000 below the purchase price. Without the condição suspensiva, the buyer had no right to exit. The choice was: find an extra €55,000 in cash, or forfeit the €48,000 deposit. PropCheck flags this as critical missing on every contract reviewed.
Sample audit output
CPCV Audit · T3 apartment · Lisboa · Sample7 issues found
Total clauses checked32
Present and adequate19 clauses ✓
Present but inadequate4 clauses !
Missing — critical3 clauses ✗
Missing: condição suspensiva de financiamentoAbsent
Missing: DL 10/2024 legalisation warrantyAbsent
Missing: condominium debt clearanceAbsent
Deposit at risk without corrections€52,000
Solicitor clause draftingAvailable from €149
Audit your CPCV before the deposit is at risk
Free clause check. Solicitor matching for missing clause drafting from €149.
Frequently asked questions
The deposit is non-returnable if you sign the wrong contract.
30+ buyer-protective clauses checked. Free. Solicitor matching for anything missing.
Free · 30+ clause checks · Solicitor matching from €149
