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Lawyer
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nightrider
I was driving back from Carvoeiro late last night and was thinking about this topic and how it is all very well some people giving names of lawyers they had a good experience with and others they had a bad experience with and me saying I wouldn't go within 10m of one but it isn't being all that helpful. I am sure most people, especially if they don't speak Portuguese are going to end up in the office of one, if they buy a property here, so maybe it is more useful to know what you should expect from your lawyer and other information regarding legal advice etc.
So here goes with some of my thoughts and suggestions.
The two types of representatives you might approach are;
a) A “solicitador(a)”. Despite the similarity of the name to the English “solicitor”, they are not the same. In Portugal a “solicitador(a)” is more like a conveyancer. They do not have to study for a degree. They are registered by the local council (Câmara Municipal). You can check they are registered by going to www.solicitador.net. Go to "contactos" and click on "solicitadores" and then you put in the surname in the box marked "nome" and where it says "escolha" click on it and a list of council districts will appear, click on the one you want and then click on "pesquisar" and a list will appear with any solicitadores with that name in that area.
b) An “advogado(a)”. This translates to a lawyer or barrister/solicitor in English. I believe in general they do not solely specialise as in the UK, so you could find a lawyer dealing with a property purchase one day, a divorce the next and in court defending a criminal on another. They study for 7 years at university and gain the title Dr(a) if they graduate. They are regulated by the “Ordem dos Advogados”.
If you decide to use an “advogado(a)” it is best to check on them just as you might a doctor or other professional. To check they are in fact a qualified lawyer, their principal practicing address and “cedula nº” (registered nº) go to the “Ordem dos Advogados” (lawyer’s order i.e. the governing body) website at www.oa.pt
Click on “Pesquisa de advogados” in the top right hand corner and then put their name in the box marked “Nome Profissional” and click on “Procurar”. Their addresses, telephone numbers, e-mail addresses and “cedula” number should be listed. Surprisingly they are not obliged to register all their practicing addresses as in the UK, only a principal office. Sometimes I have found some have one address registered with the Ordem and a completely different one listed in the yellow pages!
Many real estate agents, builders and developers will recommend a lawyer or solicitador to you (“their lawyer or solicitador”). The general consensus from most expats I have spoken to is to choose your own INDEPENDENT lawyer, preferably from an area well away from the real estate agent, builder or developer. Would you seek this kind of recommendation from a real estate agent, builder or developer in the UK if you were buying a house? We doubt it, so why do it in a foreign country? Ask yourself might they have a vested interest in the sale/purchase? Common sense should prevail.
If you decide to use a lawyer or solicitador, my advice is not to just leave it all to them. Do your own checks alongside. If you don’t speak the language pay a translator or reliable Portguese speaking friend to do it with you. If anyone wants to know the checks you can do you can pm me and I will outline them.
If you decide to pay a 10% deposit and sign a promissory contract (contrato de promessa de compra e venda) make sure that you get a translation in English before you sign it in front of the Notary. Get both copies checked by an independent translator/Portuguese speaker. NEVER sign anything without being entirely sure what you are agreeing to.
My own personal opinion is also don’t give ANYONE Power of Attorney. How do you know what will go on if you are not there to see and sign for yourself? Once again if you don’t speak the language take an INDEPENDENT translator or reliable Portuguese speaking friend (apart from your legal representative) to translate the deed (escritura) before you sign it. Check that the correct addresses and ID (passport) numbers are on the deed for both parties, the correct details for the property, the correct price you have agreed to pay for the property and that the owner is who you thought it was. If you are buying a “mixed” property i.e. a property with both rustic and urban cadernetas check how the price is divided up. How much value is put on the rustic part and how much on the urban part. The values put down on the deed not only affect the amount of IMT (purchase tax) you will pay, but also will affect your rates (IMI) and later, if and when you go to sell your property; your Capital Gains Tax. Check with reputable financial advice if you have any doubts.
Make sure that you get every step clarified in writing (hard copy, not just a fax or e-mail) on headed official stationary from you legal representative. Check with the “Ordem dos Advogados” if they are an individual or associate in a firm of lawyers and are, therefore, using the right headed stationary. INSIST on an engagement letter and an invoice (FACTURA) for ANY money you pay to your legal representative e.g. legal fees, etc on proper headed stationary, which should also show their tax number (numero do contribuinte). Also INSIST on a narrative itemising/detailing everything they have done on your behalf.
Make sure that your legal representative gives you proper authenticated (with a stamp/seal) copies of all documents e.g. promissory contract, final deed (escritura), land registry certificates (certidão do Registo Predial), IMT paid, cadernetas from the finance/tax department (Finanças). Make sure that your property is registered at the land registry as soon as possible after the deed has been signed. This is very important.
Remember it is also not permitted for a lawyer to make money on your money in his/her client account. Make sure you get a firm date at the Notary (Cartório Notarial) to sign the final deed (escritura) and transfer the money to coincide with this date. Why let your money sit in someone else’s account while you are waiting for a convenient slot at the Notary to complete your purchase or whilst you are waiting for your lawyer to complete his/her enquiries? On speaking to another expat the other day he said he felt the best way to pay for your purchased property is with a "cheque visado" from a Portuguese bank account made out in the vendor(s) name and handed over at the time of signing the final deed.
Hope that information is of interest/use. I believe it to be sound for I have researched a lot of it but should anyone feel otherwise please let me know.
So here goes with some of my thoughts and suggestions.
The two types of representatives you might approach are;
a) A “solicitador(a)”. Despite the similarity of the name to the English “solicitor”, they are not the same. In Portugal a “solicitador(a)” is more like a conveyancer. They do not have to study for a degree. They are registered by the local council (Câmara Municipal). You can check they are registered by going to www.solicitador.net. Go to "contactos" and click on "solicitadores" and then you put in the surname in the box marked "nome" and where it says "escolha" click on it and a list of council districts will appear, click on the one you want and then click on "pesquisar" and a list will appear with any solicitadores with that name in that area.
b) An “advogado(a)”. This translates to a lawyer or barrister/solicitor in English. I believe in general they do not solely specialise as in the UK, so you could find a lawyer dealing with a property purchase one day, a divorce the next and in court defending a criminal on another. They study for 7 years at university and gain the title Dr(a) if they graduate. They are regulated by the “Ordem dos Advogados”.
If you decide to use an “advogado(a)” it is best to check on them just as you might a doctor or other professional. To check they are in fact a qualified lawyer, their principal practicing address and “cedula nº” (registered nº) go to the “Ordem dos Advogados” (lawyer’s order i.e. the governing body) website at www.oa.pt
Click on “Pesquisa de advogados” in the top right hand corner and then put their name in the box marked “Nome Profissional” and click on “Procurar”. Their addresses, telephone numbers, e-mail addresses and “cedula” number should be listed. Surprisingly they are not obliged to register all their practicing addresses as in the UK, only a principal office. Sometimes I have found some have one address registered with the Ordem and a completely different one listed in the yellow pages!
Many real estate agents, builders and developers will recommend a lawyer or solicitador to you (“their lawyer or solicitador”). The general consensus from most expats I have spoken to is to choose your own INDEPENDENT lawyer, preferably from an area well away from the real estate agent, builder or developer. Would you seek this kind of recommendation from a real estate agent, builder or developer in the UK if you were buying a house? We doubt it, so why do it in a foreign country? Ask yourself might they have a vested interest in the sale/purchase? Common sense should prevail.
If you decide to use a lawyer or solicitador, my advice is not to just leave it all to them. Do your own checks alongside. If you don’t speak the language pay a translator or reliable Portguese speaking friend to do it with you. If anyone wants to know the checks you can do you can pm me and I will outline them.
If you decide to pay a 10% deposit and sign a promissory contract (contrato de promessa de compra e venda) make sure that you get a translation in English before you sign it in front of the Notary. Get both copies checked by an independent translator/Portuguese speaker. NEVER sign anything without being entirely sure what you are agreeing to.
My own personal opinion is also don’t give ANYONE Power of Attorney. How do you know what will go on if you are not there to see and sign for yourself? Once again if you don’t speak the language take an INDEPENDENT translator or reliable Portuguese speaking friend (apart from your legal representative) to translate the deed (escritura) before you sign it. Check that the correct addresses and ID (passport) numbers are on the deed for both parties, the correct details for the property, the correct price you have agreed to pay for the property and that the owner is who you thought it was. If you are buying a “mixed” property i.e. a property with both rustic and urban cadernetas check how the price is divided up. How much value is put on the rustic part and how much on the urban part. The values put down on the deed not only affect the amount of IMT (purchase tax) you will pay, but also will affect your rates (IMI) and later, if and when you go to sell your property; your Capital Gains Tax. Check with reputable financial advice if you have any doubts.
Make sure that you get every step clarified in writing (hard copy, not just a fax or e-mail) on headed official stationary from you legal representative. Check with the “Ordem dos Advogados” if they are an individual or associate in a firm of lawyers and are, therefore, using the right headed stationary. INSIST on an engagement letter and an invoice (FACTURA) for ANY money you pay to your legal representative e.g. legal fees, etc on proper headed stationary, which should also show their tax number (numero do contribuinte). Also INSIST on a narrative itemising/detailing everything they have done on your behalf.
Make sure that your legal representative gives you proper authenticated (with a stamp/seal) copies of all documents e.g. promissory contract, final deed (escritura), land registry certificates (certidão do Registo Predial), IMT paid, cadernetas from the finance/tax department (Finanças). Make sure that your property is registered at the land registry as soon as possible after the deed has been signed. This is very important.
Remember it is also not permitted for a lawyer to make money on your money in his/her client account. Make sure you get a firm date at the Notary (Cartório Notarial) to sign the final deed (escritura) and transfer the money to coincide with this date. Why let your money sit in someone else’s account while you are waiting for a convenient slot at the Notary to complete your purchase or whilst you are waiting for your lawyer to complete his/her enquiries? On speaking to another expat the other day he said he felt the best way to pay for your purchased property is with a "cheque visado" from a Portuguese bank account made out in the vendor(s) name and handed over at the time of signing the final deed.
Hope that information is of interest/use. I believe it to be sound for I have researched a lot of it but should anyone feel otherwise please let me know.
