Deed Closing documents

williashirl8 Member

Member since 02 September 2021

williashirl8Member22 January 2024 16:46:26

Hi all,

In mid December 2023, I signed a purchase agreement with a deed closing scheduled for mid February. The seller had some scheduling conflict and asked to move the closing to January 31st which I was told was doable by the RE agent . In order to close the deed there are necessary documents that is needed from city hall and the condo board.

Today I was informed by the agent that they have NOT received the necessary document from city hall nor the condo board however, based on a “new law” we should be able to move forward with the deed closing despite not having these documents available!!

I am EXTREMELY nervous about not having these documents available!

Can anyone let me know if in fact not having these documents is ok, or should I postpone the closing for a later date?

See also

Traveling to Portugal - Guide
AIMA Documents - 2 Replies
Online visa renewals and expiry of documents - 18 Replies
D7 which documents need apostille - 2 Replies
Documents for Student Residency Permit - 2 Replies
Documents to be aware of when buying a Property in Portugal - 42 Replies
CRUE - What documents did you need at your Câmara? - 7 Replies

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert22 January 2024 18:42:32

5186

Hi,

Find out what the "new law" is...

If you're buying a flat, you need a declaration that there are no debts in the condominium payment.

You also need a housing licence from the town hall. If the flat was already lived in, I find it very strange that there is no housing licence yet.

Be aware that these documents are compulsory when buying a house. The notary requires these for the deed.

Strontium Serial expat

Member since 27 April 2019

StrontiumSerial expat22 January 2024 18:43:17

427

What advice from your Lawyer ?

donn25 Serial expat

Member since 31 May 2022

donn25Serial expat23 January 2024 11:27:20

272

Can anyone let me know if in fact not having these documents is ok, or should I postpone the closing for a later date?

-@williashirl8

I have to point out that you haven't identified the documents. Given that, how confident can you be that you have received a correct answer to your question?

williashirl8 Member

Member since 02 September 2021

williashirl8Member23 January 2024 17:04:31

@JohnnyPT, I asked to get the code relevant to this "new law" and I was told by the RE agent that he would need to look it up. Without the documents from city hall I (the buyer) would be purchasing this condo and assume all the responsibility if the deed is not free and clear of any encumbrances! To that I said NO!

@Strontium, the agent bypassed my attorney and came to me 1st…I then contacted the attorney and she completely advised against it!

@ Donn25, you are correct I did not mention the documents needed because I did not want to risk the chance of the misspelling and confuse anyone further. In laments term it's the deed (in English). Across the world whenever property is being transferred through a sale of any sort the deed needs to be free and clear of any encumbrances. On the West Coast in the US it comes from the Escrow company. On the East coast it comes from the seller's attorney's office to the buyer's attorney's office.

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert23 January 2024 17:47:45

5186

@williashirl8,

The condominium declaration should state that there are no unpaid debts.

The land certificate/ certidão predial should state that there are no mortgages. In fact, the notary will check this, but your lawyer must check it too.

Don't go along with the real estate agents. And your lawyer must have no connection with your real estate agent as well...