Buying & legal

CPCV Portugal — The Promissory Contract Explained

The binding contract that locks in your purchase between offer accepted and final deed. What it covers, what you sign, and the deposit you put on the line.

Updated April 2026
10%
Typical deposit
30–90 days
Until escritura
Both parties
Legally bound
2x deposit
Penalty if seller pulls out
Overview

What Is a CPCV?

The Contrato de Promessa de Compra e Venda — CPCV for short — is the binding contract you sign once your offer is accepted but before the final deed (escritura). It locks both buyer and seller into the transaction at agreed terms. If either side pulls out without legal grounds, the CPCV defines who pays what to whom.

For most Portuguese property purchases, the CPCV is the moment you stop being a "potential buyer" and become legally committed. The deposit goes down, the price is fixed, and the timeline to the escritura starts running. Understanding what you’re signing matters — the document is dense, in Portuguese, and contains clauses that can affect you for months afterwards.

This guide covers the typical structure of a CPCV, what your lawyer should be checking, the deposit rules, and the most common traps for first-time buyers in Portugal.

What it does

What the CPCV Covers

A typical CPCV runs five to fifteen pages and pins down every important variable.

The price and the deposit

The agreed purchase price, the deposit amount (sinal), the date paid, and the bank account it landed in. Deposits are typically 10% of the price — sometimes more for higher-value properties or buyer-led negotiations, occasionally less for new-builds with staged payments.

The property identification

Full identification of the property: caderneta predial reference, conservatória do registo predial entry, address, and the property’s legal status (urban, rural, mixed). Any discrepancy between this section and the property’s actual paperwork is a red flag.

The deadline for the escritura

The date by which the final deed must be signed. Typical windows are 30 to 90 days. If you need a mortgage, build in time for bank approval and valuation; if the property has paperwork issues, build in time to resolve them.

Conditions precedent

Any conditions that must be satisfied before the escritura. Common conditions: mortgage approval, the seller settling outstanding IMI, regularising the habitation licence, removing tenants, completing renovation works.

Penalties if either side pulls out

If the buyer walks away without legal grounds, they lose the deposit. If the seller walks away without legal grounds, they pay the buyer twice the deposit. This symmetry is the legal teeth of the CPCV — it’s why both sides take the document seriously.

Before you sign

What Your Lawyer Should Check

The CPCV is binding from the moment you sign. Due diligence happens before, not after.

Property paperwork is clean

Caderneta predial up to date, certidão do registo predial showing clear ownership, no charges or encumbrances, valid licença de habitação, and energy certificate in date. Older properties — particularly in historic areas like Sesimbra or Azeitão — sometimes have legacy paperwork that needs sorting.

Tax and condomínio status

IMI is paid up. If the property is in a condominium, condomínio fees are settled and there are no pending major works being voted through. Always ask for the most recent assembleia minutes.

Identity and authority of the seller

The seller is who they say they are and has the authority to sell. For inherited properties, all heirs must be parties to the contract. For company-owned properties, the company must have authorisation.

Your conditions are properly drafted

Mortgage condition: explicit, with a fallback if the bank doesn’t approve in time. Inspection findings: any issues you want fixed must be in the contract before you sign — not afterwards.

Don’t sign without your lawyer reviewing the final draft

Estate agents will often present a "standard" CPCV. Standard for whom? The standard CPCV protects the seller. Your lawyer should review every clause and add the protections you need. This isn’t optional — this is the document that holds your deposit.

Common traps

CPCV Traps for First-Time Buyers

The mistakes we see repeatedly — especially among buyers new to the Portuguese property market.

Signing the agent’s draft without a lawyer

Estate agents often have a template CPCV they push at speed. The template is rarely written for the buyer’s benefit. Always have your lawyer redraft or amend before you sign.

No mortgage condition (or a weak one)

If you need a mortgage to complete and the contract doesn’t have a properly worded mortgage condition, you can lose your deposit if the bank doesn’t come through. The condition needs to specify: what loan amount, by what date, with what fallback.

Unrealistic deadline

A 30-day window from CPCV to escritura is tight for any buyer needing a mortgage and impossible if the property has paperwork issues. Negotiate a deadline that reflects reality, not the seller’s preferred timing.

Deposit in cash or untraceable form

Always pay the deposit by bank transfer with a clear reference. The CPCV must record exactly how it was paid. Cash deposits are rare and complicated — for source-of-funds compliance and for proving payment if the deal goes wrong.

Outstanding charges hidden in the property

If the property has an old mortgage that hasn’t been formally cancelled, or unpaid IMI, or pending condomínio works, those liabilities can transfer to you. Your lawyer’s job is to find and clear these before you sign.

Timeline

From CPCV to Escritura — What Happens Next

The 30 to 90 days between signing the CPCV and signing the deed.

Days 1–7

Deposit paid, CPCV signed, copies distributed. Mortgage application kicked off if not already in flight.

Days 7–45

Bank valuation, mortgage formal approval. Lawyer continues paperwork checks, pre-pays IMT and stamp duty, schedules the escritura.

Days 45–75

Final paperwork pulled together. Insurance lined up if mortgage requires it. Funds transferred to the notary’s account ready for completion.

Escritura day

You meet at the notary, sign the deed, the funds transfer, and the property is registered in your name. From this moment you’re the owner. See our escritura guide for what happens on the day.

Common questions

CPCV in Portugal — FAQs

Is the CPCV legally binding?
Yes. Once signed, both buyer and seller are legally bound to complete on the agreed terms. If the buyer walks away, they lose their deposit; if the seller walks away, they owe the buyer twice the deposit. Specific performance is also available in court but rarely pursued.
How big is the deposit?
Typically 10% of the agreed price. Higher-value transactions sometimes negotiate larger deposits; new-build purchases sometimes have staged payments. The exact amount is set in the CPCV.
Do I need a lawyer for the CPCV?
You’re not legally required to have one, but signing a CPCV without independent legal review is a serious risk. The contract is binding and dense. Your lawyer should be reviewing the draft, checking property paperwork, and negotiating clauses before you sign.
Can I include conditions in the CPCV?
Yes — mortgage approval is the most common, but you can include conditions on inspection findings, the seller settling specific issues, or removal of tenants. Conditions must be in writing and clearly drafted to be enforceable.
What happens if the seller pulls out?
The seller owes you twice the deposit (double sinal). You can also pursue specific performance through the courts, though this is rarely the practical route. A clean exit with the doubled deposit is usually the outcome.
What if I find a problem after signing?
It depends what the problem is. If it’s a hidden defect that the seller misrepresented, you may have grounds to terminate. If it’s something a reasonable inspection would have caught, you’re likely bound. This is exactly why due diligence happens before the CPCV, not after.
Does the CPCV transfer ownership?
No. Ownership transfers at the escritura (final deed). The CPCV is the contract that says you will become the owner on a specific date. Until the escritura, the seller still owns the property.
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