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Real Estate Law

Our firm provides specialized legal services in Real Estate Law, offering comprehensive and tailored solutions to meet the needs of both domestic and international clients. With an experienced team and in-depth knowledge of the Portuguese real estate market, we deliver rigorous advisory services across all stages of real estate transactions—from negotiation and contract formalization to dispute resolution. Our commitment is to ensure legal certainty and efficiency, aligned with our clients’ objectives.

Practice Areas

We assist clients in structuring and executing complex real estate transactions, ensuring legal compliance and contractual optimization, including legal opinions, business and contract analysis, in-depth due diligence, and all types of real estate transactions. This includes analysis of investment vehicles such as Real Estate Investment Trusts (REITs) and the legality of real estate investment funds, risk mitigation in cross-border operations, the application of force majeure clauses in national and international contracts, and compliance with global standards such as the International Bar Association (IBA) principles for ethics in real estate transactions. Our services include:

Real Estate Transactions

  • Purchase and Sale: Drafting and negotiation of contracts for the acquisition and disposal of real estate, including earn-out clauses in real estate M&A transactions.

  • Exchanges and Dation in Payment: Advisory on asset swap transactions and debt settlement through transfer of real property (dation in payment), including analysis of asset equivalence.

  • Leasing and Tenancy: Drafting and review of lease agreements, including commercial and residential leases.

  • Mortgages and Financing: Analysis of mortgage loan agreements, registration of mortgages, and preparation of legal opinions.

  • Acquisition of Real Estate Companies: Advisory on corporate transactions involving real estate assets, such as mergers and acquisitions (M&A) with cross-border due diligence.

  • Inherited Real Estate: Resolution and assessment of the legal status of inherited properties, including partition actions and regularization of title transfers and registrations.

  • Real Estate Compliance: Evaluation and advice on reports concerning latent structural defects and enforcement of statutory warranties, assistance with legalization of ownership, and correction of land registry records.

  • Development and Urban Planning: Advisory on real estate development projects, including zoning laws, obtaining land-use permits, and compliance with environmental regulations and municipal master plans (PDM).

  • Easements and Lesser Real Rights: Drafting of contracts for the creation of easements (servitudes) and rights of way under civil law principles.

  • Expropriation and Eminent Domain: Representation in eminent domain or public-interest expropriation proceedings.

Legal Audits and Advisory

  • Due Diligence: Comprehensive legal due diligence to assess risks in real estate transactions.

  • Analysis of Real Estate Asset Contracts: Provision of legal advice.

  • Establishment of Condominium Ownership: Formalization and registration of condominium regimes.

  • Licensing and Compliance: Support in obtaining architectural project licenses and verification of compliance with the General Regulation for Urban Buildings (RGEU).

Drafting of Real Estate Contracts

We provide legal support on all formal and tax aspects of real estate transactions, including:

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  • Deeds and Registrations: Execution of public deeds and verification of land and commercial registry records, including electronic conveyancing.

  • Incorporation of Real Estate Companies: Advisory on the establishment of companies dedicated to the real estate sector.

  • Tax Structuring: Consultancy on tax optimization in contracts and real estate transactions.

  • Real Rights: Advisory on timeshare arrangements and life estates.

  • Construction Contracts, Works Contracts, and Commodatum: Drafting of construction contracts.

  • Sale and Purchase, Lease, and Mortgage Agreements: Incorporation of subordination clauses in financing and sale-and-leaseback arrangements.

  • Swap Agreements and Assignment of Contractual Position: Structuring of novation and assignment agreements with safeguards against third-party claims.

  • Review of Real Estate Mediation Clauses and Franchising Agreements: Analysis of franchise agreements in the real estate sector.

  • Usufruct and Surface Rights: Drafting of contracts for the constitution of usufruct and surface rights.

Real Estate Litigation

We represent clients in real estate disputes, providing effective solutions to protect their interests. Our services include:

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  • Eviction Actions and Specific Performance for Delivery of Property: Eviction proceedings and enforcement actions.

  • Injunctive Relief and Property Claims: Provisional measures and real actions for recovery of possession, applying the principle of lis pendens in international registries.

  • Coercive Collection of Rents and Condominium Debts: Enforcement of real guarantees and mortgage foreclosure procedures to recover homeowners’ association credits.

  • Actions for Damages to Real Estate: Compensation claims for wrongful acts, such as nuisance or trespass, including quantification of damages.

  • Disputes Regarding Title and Ownership Legitimacy: Quiet title actions and boundary disputes, resolved through arbitration when appropriate.

  • International Arbitration and Mediation: Representation in arbitral proceedings concerning cross-border real estate disputes.

  • Bankruptcy and Insolvency Involving Real Estate Assets: Administration of insolvent estates containing real estate, including ranking of privileged credits.

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