Agents in Portugal: Buyer Do's & Don'ts

Agents in Portugal: Buyer Do's & Don'ts

Partnering with the right real estate agent is key in Portugal. PortugalProperty.com connects you with experts

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Exhibit 1: The AMI License – Your Seal of Legitimacy

DO: Verify the Agent/Agency's AMI License. All legitimate real estate agencies (mediadoras imobiliárias) and their agents in Portugal must hold an active license issued by the Institute of Public Markets, Real Estate and Construction (IMPIC). This licence number (AMI) should be clearly displayed on their website, shop window, and marketing materials. You can, and should, verify its validity directly on the IMPIC website for peace of mind.

DON'T: Work with unlicensed individuals. Engaging with someone operating without an AMI license offers no consumer protection and can expose you to significant risks and unprofessional practices.

Exhibit 2: Understanding Representation – Whose Side Are They On?

DO: Understand that the listing agent typically represents the seller. Their primary fiduciary duty is to achieve the best outcome for their client, the property owner. While they must treat buyers fairly and honestly, they are not solely your advisor.

DON'T: Assume the agent showing you a property is exclusively working for you, unless you have a specific buyer's agent agreement (less common in Portugal but possible). Always clarify the representation structure.

Exhibit 3: Communication is Key – Setting Expectations

DO: Clearly communicate your needs, budget, desired location, property type, and timeline to your agent. Provide honest feedback on viewings. This helps them refine the search and find suitable options efficiently.

DON'T: Expect agents to be mind-readers or waste their time (and yours) viewing properties that clearly don't meet your core criteria. Also, understand that agents may primarily show their agency's listings first.

Exhibit 4: Exclusivity Agreements – Know Before You Sign

DO: Carefully read and understand any exclusivity agreement (contrato de mediação imobiliária em regime de exclusividade) before signing. This typically binds you to work solely with that agency for a set period and geographical area. Understand the commission implications if you buy through another source during that term.

DON'T: Sign multiple exclusive agreements simultaneously, as this can lead to commission disputes. Non-exclusive agreements are more common for buyers, allowing you to work with multiple agents, but be transparent about this.

Exhibit 5: Due Diligence – The Lawyer's Role

DO: Rely on your independent lawyer for all legal checks and due diligence. Your lawyer is your advocate, verifying property documents, licenses, potential debts or encumbrances, and scrutinising contracts to fully safeguard your interests throughout the transaction.

DON'T: Depend solely on the real estate agent for legal advice or verification of property legality. While agents provide market expertise, legal verification is the domain of your qualified legal counsel.

Exhibit 6: Commissions and Fees – Who Pays?

DO: Understand that in Portugal, the seller typically pays the real estate agent's commission upon successful completion of the sale. This is usually a percentage of the sale price.

DON'T: Pay upfront fees to agents simply for searching for properties or arranging viewings under normal circumstances. Be wary of any unusual fee requests from standard brokerage agencies.

Exhibit 7: Choosing Your Guide – Professionalism Matters

DO: Choose an agent or agency with proven experience, strong local market knowledge, demonstrable professionalism, and excellent communication skills. Look for established, reputable brands like Berkshire Hathaway HomeServices Portugal Property, known for their expertise and unwavering ethical standards, accessible via PortugalProperty.com.

DON'T: Select an agent based solely on personality or unrealistic promises. Verify their credentials (AMI licence) and track record.

Conclusion

This tour highlights key interactions when working with Portuguese real estate agents. Verifying licences, understanding representation, clear communication, relying on legal counsel, and choosing reputable professionals are crucial steps. Summary: Choose licensed agents, communicate clearly, and let lawyers handle law.

For more information, contact us at info@portugalproperty.com

Published in: Money / Portugal Property / Property