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Kolaboro / Countries / Portugal / Buyer protection law

Off-plan buyer protection law in Portugal

The rules on delays, refunds, escrow and title, quoted from the official text.

1 rule of Portugal law that matter when you buy off-plan, each quoted from the official text with a link. We include an article only after reading it in the official source. General information, not legal advice: ask a local lawyer about your contract.

Promissory contract deposit (sinal): if the seller fails, the buyer can claim double#

Termination and refund, Delay penalty

In a Portuguese promissory contract (contrato-promessa) with a deposit (sinal), if the buyer fails the seller keeps the deposit; if the seller fails, the buyer can demand double what was paid. The buyer can instead ask a court to enforce the sale.

Se quem constitui o sinal deixar de cumprir a obrigação por causa que lhe seja imputável, tem o outro contraente a faculdade de fazer sua a coisa entregue; se o não cumprimento do contrato for devido a este último, tem aquele a faculdade de exigir o dobro do que prestou

Translation: If the party who gave the deposit fails to perform for a reason attributable to them, the other party may keep what was given; if the failure is due to the latter, the former may demand double what they paid

Portuguese Civil Code (Código Civil), Decree-Law 47344/66, Article 442(2) and (3). Procuradoria-Geral Distrital de Lisboa legislation database (pgdlisboa.pt), consolidated text.

Used by the late-handover calculator and the contract law notes. See also how to check a project in Portugal.

Did we misread a rule? Send documents and we add your reply or correct the record: right of reply · corrections. Every figure here is computed from the open dataset (/data/bali-cases.json, CC BY 4.0) and changes when the data changes.

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