Golfister

Does anyone have any experience of selling a property in Portugal without using a solicitor? Is it necessary, if the buyer has a lawyer? I know an Energy Certificate is required - would we be able to arrange this ourselves?

Any comments welcome.
Thanks.

EMR

You may want to avoud using a solicitor but if I was a buyer
I would not go anywhere near someone who may be wanting to cut corners.
Why would you want to cause potential complications for your buyer.

cardi

Solicitor is an English thing and even there not really necessary particularly as you are a seller. The procuracao is a standard document, you can study it to make sure no unusual clauses have been added.
The buyer's solicitor will supposedly make all the checks needed from their side. You just need to make sure you get the money before you and over the keys.

Barbara Red lips

Best not have a survey and pay in cash!! What!!!
Yes an independant solicitor is important..... Don't take a chance....relative to the property price a survey and solicitor cost next to nothing!

peterfc

Hi All

A friend recently got himself a nice house near to me. It seemed all he could ask for until his lawyer did the job he was paid to do. The lawyer found that also with the sale should be almost 5 acres of forest that had not been mentioned by the seller. Once his lawyer started to question the deal the owners said oh we forgot to mention it. This only came about when he said he was going to walk away from the deal.

Sell or buy without a lawyer, Something only a fool would do.

Peter " Dreams can come true "

Golfister

Thanks for all your advice guys. Yep think we're gonna opt for the lawyer, particularly as we live in the UK so saving the expense of at least one trip to Portugal to complete the deal will make it worthwhile on that alone.

Fingers crossed now the deal goes through

Mike

The sale is completed before a Notary and I am not sure a private individual can instruct a Notary directly.

cardi

Well that is what solicitors would like you to think.

It works in UK so why not in Portugal.

What if your solicitor messes up. Not uncommon as all the paperwork is done by the office girls. But if it makes you feel better...

ouriquejan

I think you'll find - cardi - that the law in England is a bit different to the law here in Portugal.

Always use an independant lawyer for house purchases.

Makes sense really.

Nettienut

GeniB

Europe comes under the 'written' Napolionic Law cardi…whilst Britain comes under the unwritten ' law by precedent'…(and parliament…).

So yes very different as Fuzetajan said

cardi

It is nothing to do with differences in law.

Contractual obligations are much the same in all societies.

UK has the Land Registry which has it's set of rules and procedures.

Under Napoleonic/Roman law based countries the state has placed itself as guarantor of property sales which are only valid when processed by notaries.

This ensures the state gets its tax and in return that the buyer gets what he has contracted to get.

Using middle men is down to the confidence of the buyer or seller in reading and interpreting the contract.

Using a lawyer gives people peace of mind so that's fine for them if they want it.

liveaboard

The question was about a house sale, not a purchase.
Not that I don't agree with you...

ouriquejan

Sorry, you're right, I did get a bit carried away with that.

I have a Portuguese friend who did the purchase for her daughter, without a solicitor, but she also had other help. As in an accountant, and another lawyer friend, who checked out the legal side of it all.

For some-one who is not used to the system or cannot understand Portuguese and or the the law, it is much easier and preferable to have a Portuguese lawyer.

GeniB

Bit confused there cardi what does the Land Registory have to do with it?