Before signing the CPCV, confirm the written form and recognition of the seller's signature, the deposit amount and conditions, any conditions that matter to you — such as obtaining credit — and the consequences set out if either party fails to perform.
Key points
This guide explains, from a buyer's perspective, what to confirm in the promissory purchase and sale contract before signing and paying the deposit. It does not replace a professional's review of the contract.
1. Form and requirements of the promissory contract
A promissory contract for the purchase and sale of a property must be put in writing, with in-person recognition of the promising seller's signature and confirmation of the use or construction licence, in order to produce all the legal effects provided for, notably the possibility of specific performance.
Confirm that the contract correctly identifies the property — by reference to the land registry and the tax record — and accurately reflects what was agreed during negotiations, including any fixtures or equipment included in the sale.
- Confirm the written form and recognition of the seller's signature.
- Check that the property is correctly identified in the contract.
- Confirm the contract reflects everything that was negotiated.
2. The deposit and the consequences of non-performance
The deposit paid under the CPCV usually serves as an advance and reinforcement of performance. If the buyer withdraws without a justified reason, they lose the deposit paid; if the seller withdraws, the law generally entitles the buyer to double the deposit paid, unless the contract states otherwise.
As an alternative to losing or refunding the deposit, the non-defaulting party may, under certain conditions, seek specific performance of the contract — asking the court to produce the effects of the defaulting party's commitment. Confirm with legal support how these rules apply to your specific contract.
- Confirm the consequences set out for the buyer if they withdraw.
- Confirm the consequences set out for the seller if they withdraw.
- Understand specific performance as a possible alternative.
3. Conditions that matter to buyers
If you depend on mortgage credit to complete the purchase, include a condition in the CPCV that safeguards the return of your deposit if credit is refused, provided you applied diligently and within the agreed deadlines.
Also consider conditions linked to the outcome of a technical assessment or to confirming documents that are still pending, whenever these issues could change your decision to proceed with the purchase.
- Include a condition linked to obtaining credit, if applicable.
- Consider conditions linked to technical assessments or pending documents.
- Set clear deadlines for each condition.
4. Deadline, delays and final completion
The CPCV should set a clear deadline for the deed or Casa Pronta appointment, as well as the consequences of a delay not attributable to either party, such as circumstances beyond the buyer's or seller's control.
Also confirm who bears specific costs, such as IMT, Stamp Duty and completion fees, to avoid misunderstandings close to the completion date.
- Confirm the deadline set for the deed or Casa Pronta appointment.
- Clarify how delays not attributable to either party are handled.
- Confirm who pays each completion cost.
5. What to check before signing
Before signing, carefully reread the contract, compare it with the property documents you have already gathered — land registry certificate, tax record and other records — and clarify any doubts about clauses you do not fully understand.
Asking a lawyer or solicitor to review the contract before signing is advisable, especially when the deposit represents a significant part of your budget.
- Compare the contract with the property documents you have gathered.
- Clarify all doubts before signing.
- Consider having a lawyer or solicitor review the contract.
Frequently asked questions
Do I always lose the deposit if I withdraw from the purchase?
As a rule, yes, unless the withdrawal is covered by a condition set out in the contract or justified by the seller's non-performance. Always check your contract's clauses.
What is specific performance?
It is the possibility for the non-defaulting party to ask the court to produce the effects of the final contract, rather than simply receiving or losing the deposit. It applies under certain conditions, including the nature of the non-performance.
Can I include a credit condition in the CPCV?
Yes, it is a common and advisable practice when the purchase depends on financing, protecting the buyer if credit is refused despite a diligent application.
Is it mandatory to sign a CPCV before the deed?
Not always, but it is common practice to fix the terms of the deal before final completion, especially when there is a preparation period, such as obtaining credit or pending documents.
Official sources
Consult the public bodies that support this information directly.