This document, although not mandatory, is important because it will guarantee the rights and duties of those involved in the business.
This document is identified as the Promissory Contract of Sale and Purchase. For short, we will identify this document as "CPCV".
WHAT IS THE PROMISSORY CONTRACT OF SALE AND PURCHASE - CPCV?
It is a document that establishes the business conditions of the purchase and sale of an agreed property.
Signed by the parties involved in the business representing the promissory seller and buyer.
The partners can be substituted by a representative with a valid power of attorney for the act.
WHAT SHOULD THE CPCV CONTAIN?
Identification of the intervening parties, vendor and purchaser, which must contain the full name, place of birth, address, marital status, identification card number and fiscal number;
Identification of the property, with reference to the Land Registry, Permanent Land Registry Certificate, Utilization License, Energy Certificate;
Characteristics of the property, such as address, typology, if it has or not other parties integral to the fraction, such as swimming pool, garage or storage room;
Mention that the property will be sold free of any liens and encumbrances;
Mention that the dwelling is in habitable condition, with all that this implies, namely: the internal networks and water, electricity, sewage and gas installations and that they are in working order
Mention that the buyer knows the state of the property;
Deadline for the execution of the definitive purchase and sale contract (public deed);
Consequences for the non fulfilment of the term or assumptions of the contract;
Value of the sale;
Value and form of payment of the down payment (this value is usually between 10 and 20% of the total value, any other value may be agreed between the parts);
Mention of the company that did the real estate mediation (if this is the case).
IN WHAT SITUATIONS SHOULD A CPCV BE SIGNED?
- Whenever the conditions for the definitive purchase and sale contract (public deed) are not yet fulfilled, such as:
- The original use license is missing;
- The Energy Certificate is still being issued;
- The Land Registry and the Permanent Land Certificate are not harmonized;
- The property is still under construction;
- The Owner cannot deliver the property immediately;
- The buyer is going to resort to bank financing that needs approval (in this case the CPCV must contain a resolutive clause).
WHAT ARE THE CONSEQUENCES IN THE EVENT OF NON-COMPLIANCE:
- For the buyer
- loses the right to all the values already paid as a down payment;
- By the seller
- has to return to the buyer the double of the value of the deposit paid;
- In any of the situations, the party that did not comply, can appeal to the court to request the specific execution of the contract, with the objective of, in a court sentence, achieving the coercive fulfilment of the CPCV.
TIPS FROM THE ATrindade Team:
- The owner should submit the last minutes of the condominium meetings. In these documents it is possible to verify if there are works to be done or planned, as well as other situations that have occurred in the condominium;
- In the CPCV make reference to the number of the cheque used for the payment of the deposit. Or in alternative identify the IBAN of the bank accounts where the deposit will come from and where it will go to;
- If you have already decided on the purchase or sale of the property, don't delay signing the CPCV.
Don't forget to see the necessary documents for the sale of the property