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Buying a Property in Portugal
(Chris
Garveigh)
Finding
Your Ideal Property
The first step is to find a Government licensed real estate agent
('mediador'), whose conduct is subject to enforceable rules. Note
should be taken that buying through an unlicensed person could result
in all parties being heavily fined. Always use a reputable lawyer,
preferably recommended, to whom you can entrust your power of attorney.
Once you have agreed a price on your chosen property, have it surveyed.
There are several Chartered Surveyors in the Algarve who are familiar
with all building styles and regulations.
Offshore
or Not?
After consultation with you accountant, decide whether you should
purchase your property through an offshore company. This has several
benefits, such as avoiding the high levels of inheritance taxes payable
if the property is owned directly. Because the deeds are registered in
the company name, it is also inexpensive to transfer ownership of the
property - simply a matter of transfering the shares of the company.
Offshore company ownership is also a means of maintaining anonymity
with regards to the purchase.
SISA and Other Taxes
Other costs related to your purchase must also be taken into
consideration:
a) SISA tax (purchase tax) imposed by the government. This tax can vary
widely and is unavoidable except where a property is already owned via
an offshore company.
b) Notarial and Registration fees, are also unavoidable and amount to
aprox. 2,5% of the declared purchase price
c) Lawyers and legal fees, vary from 1,5% to 2%. A major benefit is
that power of attorney can be given to a lawyer, saving you time and
travel costs to sign documents personally.
Buying
Your Property
Having agreed to purchase a property, it is normal procedure in
Portugal to lodge a 10% deposit with your lawyer. This is a sign of
'good faith', and the vendor should then withdraw the property from the
market. A promissory contract is usually signed after searches by your
lawyer, within one month of the deposit being made. This is a
commitment to purchase/ sell the property, and there are usually
penalties if either party breaks this contract. When a promissory
contract has been agreed between lawyers, it is signed by both parties
and the deposit passes to the vendors. it is non-refundable except where
clauses have been agreed, such as 'subject to mortgage' etc. A date
then is set forth for the signing of the 'escritura' or final deed.
This is usually 3 - 4 weeks after signing the promissory contract. Once
done, and the property has been registered with the land registry, it
is legally yours.
Property Management and Letting
Once you have decided on the type of property and the area, you should
also consider hoe often you will be staying there. Could you offset
costs by renting the property in the high season? What kind of property
brings the best rental income? On-going management and maintenance
costs also need to be considered. Many reputable companies specialise
in this field, and indeed we have our own associate company which will
be pleased to give a quote.
About This Information
This is simply intended as a helpful outline and 'food for thought' for
anyone considering buying a property in the Algarve.
We are independent
consultants, to property owners, also cooperating directly with major
real estate agents in Algarve, Lisbon, Alentejo (and other 30 minor
real estate agents all around Portugal). We can guaranty to offers you
the best and largest real estate selection for the best price.
This service is
offered to buyers completely free of any charge.
HOUSES (RURAL)
WITH LAND, HOUSES (URBANS), VILLAS, SMALL PIECES OF LAND, LARGE PIECES
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LANDS
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