The 6-month period from the expiry of the deadline set by the parties for the conclusion of the sale contract is the length of time the purchaser of the charger can ask the competent court to render a decision of the agreement when all the conditions of validity are met, this clause having expired. After 6 months, the right to implement this measure is imposed. The benefit of listing a pre-sale contract for the sola foreign exchange buyer is considered a legal mortgage in favour of the buyer who paid the down payment to the sola foreign exchange seller, which means that if the foreign exchange seller does not sell the property and does not want to enter into the contract, the buyer has the right to sue and enforce the asset to recover the advance. If you decide to enter into a provisional purchase agreement, it is essential to understand that once you sign it, you are subject to a binding agreement. Although you are not in a position to obtain the actual sale of the property, any compensation clause would apply against you if, for whatever reason, you decide not to continue the purchase. Before entering into such a pre-sale contract, the following should be addressed: Presale is a home that can be purchased ready to move in before moving in. You can choose to buy either before construction begins or during the construction period. There are times when construction is complete and the house is ready to move in, but has not yet been sold — this is called the “new building.” However, unlike the previous provisions, the pre-sale contract is only registered in the land registry for a period of six months from the expiry of the deadline set by the parties for the conclusion of the sale contract, under which registration can be removed from the land registry. Buying a new home is as special and exciting as it is complex and frustrating. For everything to go well, there is nothing better than being properly informed. It is very important that you have a clear idea of several concepts related to the process of buying a home in Portugal, one of which is related to the so-called pre-sale contract, known in Portuguese as The Contrato de Promessa de Compra e Venda or CPCV. It is a very useful tool for those who sell real estate in Portugal, as well as the weapon that best protects real estate buyers. Here is what the CPCV is, its pros and cons and its impact on real estate transactions in Portugal.
The best way to determine if buying a home sale is the best option for you is to weigh the pros and cons with your mortgage specialist and real estate professional. This rule also applies when the parties agree to enter into an interim purchase or pre-sale agreement. Therefore, an agreed injury clause that provides for substantial financial compensation to the other party if a party refuses to sign the contract is an essential feature of an interim sale agreement. The damages to be paid under such a clause should be set at a level that should encourage each party not to delay and, as a general rule, be set at a quarter of the sale price. Thus, the old regulation, namely land registry and real estate advertising act 7/1996, is expressly provided for in article 24: “The promise to enter into a pre-sale contract for real estate or other rights relating to it, as well as access and word of use rights related to national property law, are entered into in a form certified in accordance with absolute nullity.” Therefore, the signing of the pre-sale contract for real estate in an authentic form is optional, but on the other hand, a mandatory element for the registration of the pre-sale contract to the land registry.