In order to enter into a contract for the purchase and sale
ARTICLE PUBLISHED IN VARIOUS NEWSPAPERS AND RADIO STATIONS – 08/13/2025
of real estate, it is necessary to verify compliance with requirements and procedures that must be met in order to ensure legal certainty
and, consequently, the success of the transaction.
However, it should be emphasized once again that such success will only be possible if there is clear communication between the parties and, preferably, adequate legal support.
In this regard, both parties—buyer and seller—have a set of obligations that must be strictly complied with, under penalty of legal consequences that may affect the validity and respective resolution of the legal transaction.
These obligations include everything from the simplest, such as the delivery of documentation, to the scheduling, within the specified time frame, of the promised public deed of purchase and sale. These obligations include everything from the simplest, such as the delivery of documentation, to scheduling the promised public deed of purchase and sale within a specified time frame.
The obligations of the parties must be defined with the agreement and knowledge of both parties in the so-called Promissory Purchase and Sale Agreement, through which they undertake to conclude the future transaction, which in this case would be the purchase and sale of a property, within a certain period.
It is essential that the deadline for signing the public deed or authenticated private document is met, and both contracting parties must cooperate to ensure that this is done, otherwise we will be faced with a situation of default, which may be on the part of the creditor or the debtor, depending on who fails to comply.
Let’s look at the following example: Sara, the seller, and Tiago, the buyer (fictitious names) agree on the terms of sale of a property. Thus, on August 1, they sign the Promise Contract, where they define that the public deed should be executed within 90 days (3 months) from that date, which means that it would have to be signed by November 1.
In addition to this deadline, it is important to stipulate how the scheduling of the deed will be communicated, which in this case could be Tiago (promising buyer) communicating to Sara (promising seller) by registered letter with acknowledgment of receipt, to her address, 15 days in advance.
If Tiago did not make the aforementioned communication within the established deadline, he would be in default, as he did not fulfill his obligation, resulting in the obligation to repair the damages caused to the creditor, under the terms of Article 814 of the Civil Code. In view of this breach,
Sara should notify Tiago and, under Article 442 of the Civil Code, she would have the right to take possession of the property, i.e., the real estate would remain Sara’s property.
It is important to note that if a deposit was payable, Sara would keep this amount and would not be entitled to a refund. On the contrary, if Sara were to default, for example, by failing to appear on the date of the public deed, in accordance with the aforementioned article, Tiago could demand double the amount of the deposit.
In short, the timely scheduling of the granting of the public deed is a legal obligation of both contracting parties. Compliance with this commitment is essential to ensure the stability and effectiveness of the legal transaction.
Judith Teodoro,
Lawyer
With the collaboration of colleagues,
Catarina Menezes and Filipa Cabral
