Promissory Purchase and Sale Agreement

In real estate, the Promissory Purchase and Sale Contract (“CPCV”) is a provisional document, signed between the selling party and the purchasing party, which aims to ensure the definitive conclusion of the property transaction, within a given period.

We must bear in mind that, under any circumstances, the CPCV does not have the effect of transferring ownership of the asset to which it relates. This effect is only obtained with the execution of the promised contract, that is, the purchase and sale deed. On the other hand, like any contract of an obligatory nature, the CPCV only generates effects between the parties that celebrate it. Consequently, by nature, the CPCV cannot be opposed to a third party, which means that none of the contracting parties will be able to assert a right arising from this CPCV before anyone other than their co-contracting party.

To formalize your decision to purchase housing, you must sign a purchase and sale contract. This contract must consist of a written document, signed by both parties, and contain the in-person recognition of the signature of the promising seller and buyer and the certification, by the notary, of the existence of the respective use or construction license. The promissory contract is an essential document as it regulates the rights and duties of the parties and the conditions established for the business, in the period between the date of its conclusion and the execution of the public deed of purchase and sale.

CPCV requirements

  • Identification of the prospective seller and buyer, indicating their marital status, residence, identity card number and taxpayer number;
  • The identification of the property, which includes the location, typology, existence of integral parts or parts related to the fraction or property (e.g.garage, storage room), matrix registration and building description;
  • The acquisition price and the form of payment, the value of the payment as a deposit from which, through this instrument, discharge will be given and the schedule of the respective reinforcements, if applicable;
  • Stipulation that the property will be sold free of any charges or charges;
  • The date of the public deed of purchase and sale;
  • Identification of sanctions if the public deed of purchase and sale is not signed on the stipulated date;
  • Use or construction license or proof that it was requested from the City Council or declaration that replaces it.

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