CPCV and deposit: what the promissory contract is and how to protect yourself
PARCERIA ER · Comprar casa · atualizado em 2026-11-08
Between an accepted offer and the deed there are usually a few weeks or months. The contrato-promessa de compra e venda (CPCV, the promissory contract of sale) is the document that binds both parties during that time: the seller promises to sell, the buyer promises to buy, and everything is agreed in writing, including the deposit (sinal).
What the CPCV is for
The CPCV does not transfer the property: that only happens at the deed (or with a certified private document). It sets the terms of the deal and gives both sides security while the buyer arranges the mortgage and the seller gathers the documents. A good CPCV states, at least:
- the full identification of buyers and sellers;
- the description of the property, with its tax registration number and land registry description, including any garage or storage room;
- the price, the amount of the deposit and how the rest will be paid;
- the deadline for the deed and who schedules it;
- that the property is sold free of charges and encumbrances (for example, with the seller's mortgage cancelled at the deed);
- what happens if either party fails to comply.
The formal rules
The CPCV for a home must be made in writing and the signatures must be certified in person (by a notary, lawyer or solicitor, for example). Whoever certifies the signatures also certifies that the licença de utilização (occupancy licence) or building licence exists. Although the Simplex Urbanístico (planning simplification reform) removed the need for the licence at the deed, this requirement for the promissory contract remains.
The deposit: how much and what for
The law does not set the amount of the deposit. In practice, it is usually between 10% and 20% of the price, and it is deducted from the final payment. Always pay it by bank transfer or cheque and make sure the amount is written in the contract or on a receipt.
The deposit works as a guarantee for both sides:
| If the buyer pulls out or fails to comply | loses the deposit |
| If the seller pulls out or fails to comply | returns double the deposit |
If the buyer has already received the keys, they may instead claim the value of the property at that time, minus the agreed price, plus the deposit they paid.
Watch out: if the mortgage is refused and the contract says nothing about it, the law does not require the deposit to be returned. Before signing, get pre-approval from the bank and include a clause providing for the deposit to be returned if the mortgage is not approved.
If one of the parties fails to comply
Instead of keeping the deposit or receiving it in double, the party that complied can ask the court for specific performance: a ruling that completes the sale in place of the party that failed. In promissory contracts for homes this right cannot be excluded by a clause.
There is, however, a limit: a standard CPCV only binds those who signed it. If the seller sells the property to someone else, the buyer is entitled to double the deposit, but not to the property. To avoid that risk, the contract can have real effect (eficácia real): it is made by deed or certified document, with that express statement, and registered at the land registry office. This is worthwhile mainly for long deadlines or homes under construction.
What about taxes?
Signing the CPCV does not, on its own, trigger IMT (property transfer tax). The tax may be due before the deed if the keys are handed to the buyer when the contract is signed, or if the buyer's position is assigned to someone else. In all other cases, IMT and Imposto do Selo (stamp duty) are paid before the deed. To find out how much you will pay, use our IMT and Imposto do Selo calculator.
Before signing, check
- that the seller really is the owner (certidão permanente do registo predial, the land registry certificate) and whether there are mortgages or liens;
- that the caderneta predial (property tax record) and the registry match the home you visited;
- the energy certificate and the status of the licença de utilização;
- the condominium statement on any debts;
- a realistic deadline for the deed, giving the bank time to value the property and approve the mortgage.
At PARCERIA ER we check the paperwork before the CPCV, align the deed deadline with the mortgage and follow the process until the keys are handed over. See how we support
home buyers.
