Buying Property in Portugal Through a Power of Attorney

You do not always need to travel to Portugal personally to complete a property purchase. A buyer can appoint a representative through a power of attorney, or procuração, with the powers needed for the transaction.

What can a representative do?

Depending on the wording, a representative can sign a CPCV, sign the final purchase instrument, make transaction declarations, deal with registration and tax steps and represent the buyer before authorities.

Do not use a generic power if the transaction needs specific powers.

Foreign powers

A foreign power may need notarisation or equivalent formalisation, apostille or legalisation depending on the country, Portuguese translation where required and compliance with the form needed for the Portuguese act.

Do not sign abroad before confirming the exact form needed in Portugal.

Registration

Where an irrevocable power is used to change ownership of real estate, Portuguese rules require registration, together with relevant substitutions, changes or termination. Other powers can be registered voluntarily. The current online registration fee is €10.

Mortgage authority

Buying the property and entering into mortgage finance are not the same act. If the representative is expected to sign bank credit or mortgage documents, the power must cover those acts and satisfy the bank.

Scope

The buyer should understand whether the representative can change the price, amend the CPCV, waive conditions, settle disputes, handle funds or substitute another representative. Grant only the powers actually needed.

How THE-Ö can help

We can draft the power around the actual transaction, coordinate foreign signing and authentication and represent the buyer where appropriate.