CPCV deposit in Portugal: defaults, refunds and double repayment

If the buyer defaults under a Portuguese CPCV without contractual protection, they may lose the deposit. If the seller defaults, the buyer may be entitled to double repayment. The contract, facts and type of default determine the actual remedy, so put financing conditions, deadlines, payment proof and consequences in writing before transferring money.

What the deposit means in a CPCV

In Portugal, when a buyer pays money to the seller under a promissory purchase agreement, that amount is normally treated as the deposit, or sinal. In practice, it is a strong sign that both sides intend to reach the deed.

The CPCV should state the deposit amount, payment method, whether there are staged increases, when each payment is due and how the amounts will be deducted from the final price.

When you can lose the deposit

The practical rule is strict: if the buyer defaults without contractual protection, they may lose the deposit. If the seller defaults, the buyer may be able to demand double the deposit back. But the answer depends on the contract, the facts and the type of default.

Mortgage, valuation and FINE timing

If you need a mortgage, do not treat a simulation or pre-approval as final approval. Final approval comes after the bank analysis, property valuation and contractual proposal. At that stage, the bank issues the approved FINE and there is a mandatory reflection period before the credit contract can be signed.

The CPCV deadline should leave time to:

The financing clause should be specific

Avoid vague wording like "subject to mortgage". A useful clause should state the minimum financing amount needed, the bank-response deadline, documents the buyer must submit, how refusal is proven and what happens to the deposit if the condition fails without buyer fault.

What to check before paying

Before transferring the deposit, confirm that you have received and cross-checked the property documents, whether there are charges, mortgages, seizures, tenancies, condominium debts or pending works, and whether the seller has authority to sell.

If the purchase depends on an important condition, write it down:

How to pay and keep proof

The CPCV should identify who receives the deposit, IBAN, account holder, payment deadline and receipt. Avoid cash. If you pay by bank transfer, keep the transfer proof, signed receipt and final CPCV signed by everyone.

The contract should also say whether the deposit is paid directly to the seller, a representative, an agency or a lawyer client account. The essential point is to avoid doubt about who received the money, in what capacity and for which transaction.

Staged deposit increases

Extra deposit payments before the deed increase exposure. They can make sense in a long process, but they should be tied to objective milestones: final mortgage approval, documents solved, preference rights cleared or confirmed deed date.

Next step

Treat the deposit as money at risk, not as a formality. Before signing, confirm documents, mortgage timing, deadlines and consequences. If the amount matters to your finances, get the CPCV reviewed before transferring the money.