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A seller who signs a CPCV cannot safely treat it as an informal reservation and simply walk away when a better offer appears.
If the seller refuses to complete, the buyer's options depend on the contract, the deposit, the reason for non-completion and whether the buyer still wants the property.
Start with the CPCV
Check the completion deadline, notice requirements, seller obligations, deposit wording, termination clauses, any cure period and whether specific performance is available.
A missed target date does not always mean definitive default. The contract and communications matter.
Double deposit
Portuguese Civil Code Article 442 gives the sinal important consequences.
Where the party who received the deposit is responsible for non-performance, the party who paid it can normally demand double the amount paid, subject to the legal and contractual position.
Specific performance
A buyer who still wants the property may need to consider execução específica, or specific performance.
In qualifying cases, a court judgment can produce the legal effect of the missing declaration from the defaulting party.
Specific performance is not automatic in every CPCV. Article 830 and the contract need to be checked, including the effect of deposit and penalty clauses and the special rules applicable to certain promises concerning buildings or autonomous units.
Do not accept a refund or sign a termination agreement before deciding whether you want to preserve the possibility of completing the purchase.
What if the seller received a better offer?
A higher offer does not by itself cancel the first CPCV.
If the seller is already contractually bound, selling elsewhere or refusing completion can create a serious breach.
Need help with this?
Our legal team handles this process end to end. Get a clear assessment and a concrete plan.
Assess my CPCV disputeWhat if the seller says a condition was not met?
Many disputes are really about conditions rather than a simple refusal.
Examples include missing documents, an unresolved mortgage, planning problems, preference rights, delayed works or contractual extensions.
The legal question is who was responsible for the condition and what the CPCV says happens if it is not satisfied.
Preserve the evidence
Keep the signed CPCV and annexes, proof of payments, emails and messages, notices fixing completion, property records and evidence that the buyer was ready to complete.
Do not rely on phone conversations alone once a dispute begins.
Formal notice
A formal notice can require performance, fix a deadline or preserve remedies. It should be drafted around the actual CPCV rather than copied from a generic template.
How THE-Ö can help
We can assess whether the seller is in default and choose the remedy that matches the buyer's objective, including formal notice, negotiation, deposit recovery, specific-performance analysis and court representation.
Seller refusing to complete your Portuguese property purchase?
Send us the signed CPCV, proof of payments and the latest written communication from the seller or agent.