Finally, the long-awaited moment has arrived when the house of your dreams will become yours through the property deed. After going through the various stages of the purchase, from the initial research, property visits, selecting the perfect home, to negotiating the price and formalizing the purchase contract, now it’s time to make it official. This comprehensive guide will provide you with crucial insights to make the process of buying or selling a home more agile and uncomplicated.
What does the concept of a property deed encompass?
The deed of a property is the act that consolidates the transaction of buying and selling a property. This act is formalized through a contract and represents the final stage of the entire real estate process. It is usually preceded by the signing of a promissory contract of sale, in which the buyer demonstrates their interest by making a payment, thus setting a deadline for the deed to be signed. In the event of withdrawal, the buyer loses the right to the amount already paid.
On the day of the deed, both the buyer and seller must be present. The document is signed in front of a qualified professional, thus attesting to compliance with the law and witnessing the conclusion of the sale. This professional must, however, verify and authenticate the identity of the parties involved.
The deed of sale, especially when it involves a mortgage, consists of two distinct moments:
- Purchase and Sale Contract: This marks the moment when the buyer becomes the legal owner of the property.
- Mutual Agreement Contract (Mortgage): In the case of purchase using credit, this contract details the steps relating to the loan, and is the moment when the bank releases the funds requested for the purchase of the house.
Documentation Required for the Property Deed
When the promissory purchase agreement is formalized, the preparation of the essential documentation for the deed begins. The necessary documents include:
- Civil and tax identification documents of those involved;
- Promissory contract for the purchase and sale of the property;
- Caderneta Predial Urbana or Pedido de inscrição do Prédio na matriz (Modelo I do IMI);
- License to use;
- Housing Technical Data Sheet;
- Energy and Indoor Air Quality Certificates for Buildings;
- Certificate of content;
- Infrastructure Certificate;
- Mortgage cancellation;
- Toponymic Certificate;
- Settlement of IMT (Municipal Property Transfer Tax);
- Payment of Stamp Duty.
Types and Locations of Real Estate Deeds
Currently, the deed can be formalized in person or online. The places qualified to do so are:
- Notaries;
- Land Registry Offices;
- Casa Pronta service;
- Casa Simples Casa Segura service.
Associated costs and duration of the process
The costs related to the deed are generally borne by the buyer and vary according to various factors, such as:
- Purchase price of the house;
- Type of home (first or second home);
- Taxes associated with the transaction;
- Registration of the deed;
- Expenses for notary services, registry offices, etc.
The average time taken to complete a deed varies and may include the following stages:
- Obtaining the certificate of content or matricial certificate (5 to 20 days);
- Housing license (7 to 30 days);
- Promissory contract of sale (7 to 30 days);
- Signing of the deed (14 to 90 days);
- Registration at the land registry office after the deed (30 days).
Various Property Deeds
There are various types of deed, adapted to the purpose and nature of the transaction. Some examples include:
- Deed of sale;
- Deed of sale with bank intervention (mortgage credit);
- Deed of inherited property;
- Deed for property under construction;
- Deed of donated property;
- Deed of property exchanged.
In short, this guide aims to clarify all the nuances involved in real estate deeds, providing a comprehensive understanding and facilitating the process for those embarking on this exciting journey of buying or selling property.
I’m a real estate consultant in the area of Foz do Douro and Lordelo, in the city of Porto. Specialist in mediation of quality residential properties, I work with a focus on rigor, proximity to the client and excellence in service.
Any questions or help you want, I’m at your disposal – Tel. 939 993 379.
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