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The legal regulations controlling the sale of properties in Portugal is very specific, and best advice is to search exclusively for real estate agents that are licenced by the Institute of Construction and Real Estate (InCi.IP). The agent must have a number identifying their specific qualifications which guarantees that individual agents working within the organization are themselves licenced, and that the approved contract documentation is used at all times. It is important to know the difference between registered and non-registered agents.

A seller is not legally obliged to sell through an agent, but when using a licenced real estate agent who is chosen by the buyer, the agent is legally obliged to describe and market the property in the best and most accurate way possible to recruit potential buyers. The agent must at all times uphold the interests of the seller. There are agents that exist to represent the seller in the sale of his property but who are not registered or regulated by Portuguese law. The agreement a seller enters into with such an agent may include conditions or terms relating to duration that are not legally correct. However, the seller is free to choose whether or not the agreement is acceptable.

    

It is not common practice either for the buyer to pay a commission on a purchase. The commission on a sale price is normally paid by the seller to the real estate agent, and to this end licenced agents are bound to ask the seller to complete a ´Mediation Contract´ before being able to market or sell his property. The law demands this document to establish the terms of agreement, the characteristics of the property, and the price and commission to be paid to the agent upon sale of the property. The seller is obliged to pay only his chosen agent, regardless of whether there are other agents involved in the same sale.