FAQ´S
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What does Atlantic Legal specialise in?
Atlantic Legal focuses on real estate transactions, inheritance and succession matters, and civil law. We provide full legal representation for property purchases and sales, probate and estate matters, donations, family transfers, and civil disputes in Portugal.
Do you work with foreign clients who are not in Portugal?
Yes. We frequently represent international clients and can conduct the entire process remotely through a power of attorney.
Can you assist with the complete property purchase process in Portugal?
Yes. We handle due diligence, negotiation, CPCV drafting, signature formalities, deeds, registrations, and tax compliance, providing independent legal protection throughout.
Why do I need a lawyer if I already have a real estate agent?
Agents handle the commercial aspect, but their commission - paid by the seller - depends on the sale being completed. A lawyer is the only professional whose duty is exclusively to the buyer, ensuring legal certainty, risk assessment and objective advice, including advising not to proceed if necessary.
Should I pay a “reservation fee” or “holding deposit”?
No. Portuguese law does not recognise reservation fees. They do not secure the property or bind the seller. Only a legally compliant contract – commonly referred to as CPCV - provides real protection.
What is a CPCV and why is it essential?
The CPCV is a promissory contract used when the final deed cannot be executed immediately.
Although not mandatory, it enables the parties to commit to the transaction now and complete it later, once — or if — financing, documents, registrations, clearances or other conditions are satisfied.
The CPCV does not make completion unavoidable; it regulates the consequences of withdrawal, such as loss or return in double of the deposit. Strict compliance with Article 410 of the Civil Code, including notarised signatures and licence certification, is essential.
When is it safe to pay the deposit (“sinal”)?
Only upon receiving the original CPCV with notarised signatures and certification of the property’s license.
What does legal due diligence include?
Verification of title, licensing, planning status, debts, encumbrances, condominium issues, boundaries, registry matters and tax compliance.
Can you negotiate the terms on my behalf?
Yes. We negotiate protective clauses, timelines, warranties and conditions, providing objective advice independent of the commission structure.
Do you assist with bank accounts and mortgage loan contracts?
Yes. We are not credit brokers, but we review and explain financing contracts and can sign them on behalf of clients abroad.
Can you represent me if I cannot be in Portugal?
Yes. With a power of attorney, we can formally represent you and sign all required documents on your behalf, including CPCVs, deeds and mortgage contracts. We prepare the Power of Attorney, which must then be signed before a notary in your country and apostilled, so that it is legally valid in Portugal.
What taxes are involved when buying property in Portugal?
The taxes due in a property purchase are Municipal Transfer Tax (IMT) and Stamp Duty (IS). We provide full tax analysis for your specific case and ensure complete compliance with all tax obligations.
Can you assist with lease agreements?
Yes. We draft and review residential and commercial leases, advise both landlords and tenants, ensure full legal compliance, and protect our clients’ interests. Foreign owners or tenants often rely on us to prepare safe, balanced and enforceable lease contracts.
Can you help with legalizing properties for short-term rentals (Alojamento Local)?
Yes. Short-term rental activity requires Alojamento Local (AL) licensing before Municipalities and Turismo de Portugal. We verify eligibility, assess restrictions, prepare the required documentation and represent clients throughout the municipal registration process.
Do I need to make a will in Portugal?
Not necessarily. If no will is made, Portuguese law automatically determines who inherits your Estate — typically the spouse and/or children. A will is advisable only if you wish to direct your estate differently, grant a life usufruct to a spouse or another person, or choose the law of your nationality to govern your succession.
Do you assist with donations or family property transfers?
Yes. We often prepare and execute donation deeds and lifetime transfers, ensuring full legal and fiscal compliance. These instruments are often used as part of family or succession planning, helping to prevent future conflicts or to structure the transfer of assets safely and intentionally.
Do you assist with inheritance and succession matters?
Yes. We handle heirship declarations, probate proceedings, estate administration, tax obligations and inheritance-related disputes. We regularly represent heirs living abroad and coordinate the entire succession process in Portugal, including representation in judicial inventory proceedings.