Understanding Your Deed of Promise to Buy and Sell (CPCV)

In Portugal, although not mandatory by law, the CPCV is the most commonly used document to formalize a property purchase until the deed, protecting both buyer and seller.

Typically, the buyer delivers a deposit between 10% and 20% of the agreed price at the time of signing.

The average time between the CPCV and the deed is about 90 days, allowing time to obtain financing and gather all documentation.

If the seller breaches, they must return the deposit doubled; if the buyer withdraws without contractual reason, they lose the deposit.

Article 442 of the Civil Code expressly establishes this rule of loss or doubled return of the deposit.

Elements that MUST be included in your CPCV

• Complete identification of parties (name, tax ID, address).
• Detailed description of the property (address, areas, land registry).
• Price, deposit amount and payment method.
• Deadline for the deed.
• Penalties in case of breach.
• Financing or bank appraisal clause — cancels the contract and returns the deposit if credit is not approved.
• Real effectiveness or provisional registration clause — makes the CPCV enforceable against third parties, guaranteeing real acquisition rights.

Clauses that protect the buyer

1. Financing/appraisal clause — protects the buyer if the bank does not grant credit or if the appraisal is lower.
2. Real effectiveness — by registering the CPCV with real effectiveness, the buyer's right extends to third parties.
3. Cancellation clause (force majeure/withdrawal) — defines conditions to rescind without penalties, for example credit failure.

Common risks and how to avoid them

• Missing or ambiguous clauses that make execution or compensation difficult.
• Deed deadlines too short, increasing the probability of losing the deposit due to banking delays.
• High deposit without financing safeguards, leaving the buyer exposed if credit is refused.
• Liens or mortgages not cleared — include clause requiring delivery of property free of charges.
• Breach can lead to legal actions and additional compensation.
• Even experienced investors lose money when they ignore these safeguards.

Contract Analysis Tool

Upload your CPCV PDF and receive in seconds:

• Explanation in simple Portuguese of each clause.
• Automatic risk alerts (deadlines, deposit, liens, financing).
• Suggestions for additional safeguards.

Analyze my CPCV now

Frequently Asked Questions (FAQ)

• Is the CPCV mandatory? No. It is highly recommended to safeguard rights until the deed.

• What is the usual deposit amount? Between 10% and 20% of the property price.

• What is a safe deadline for the deed? The market adopts 90 days as reference, but the interval can vary between 30 and 90 days.

• What happens if there is breach? The seller returns the deposit doubled; the buyer loses the deposit.

Next Steps

1. Gather draft, use license and land registry.
2. Obtain credit pre-approval or include financing clause.
3. Analyze your CPCV with our tool before signing.
4. Schedule the deed with a 60-90 day margin.

Legal Notice

This content is purely informative and does not replace consultation with a lawyer specialized in real estate law.