Who Pays the Real Estate Commission in Portugal?
- Fernando Marques
- Jun 2, 2024
- 1 min read
Who Pays the Real Estate Commission in Portugal?
The question of who is responsible for paying the real estate commission often arises in the minds of those considering buying or selling a house. If you also have this doubt, let's clarify how the market works in Portugal.
When you're in the real estate market, whether you're selling your property or looking for a new home, a common question can arise:
Who pays the real estate commission?
In Portugal, the most common practice is for the owner who is selling the property to be responsible for paying the commission to the real estate agency.
Generally, a Real Estate Mediation Contract (CMI) is signed between the owner and the real estate agency, which takes care of all the promotion and sale of the property.
If a real estate agent approaches you to sell your house without you having to sign a real estate brokerage contract (CMI), watch out. Something may not be right.
In the contract, it is stipulated that, on completion of the sale, the owner will pay a commission on the value of the property as remuneration for the work carried out by the agency or estate agent. This is the most common practice.
But is this always the case?
The law does not state that the owner should be the only one to pay the real estate commission. In some situations, the commission can be paid by the buyer of the property. Although this practice is not yet prevalent in Portugal, it is becoming more common.
There are cases in which the buyer, especially when looking for a specific type of property that is not easily found on the market, agrees to pay a commission to the real estate agent so that they can find the property they want.
In these situations, a contract is signed between the buyer and the real estate agency, setting out the terms of this partnership and the amount due in the event of success.
Whether the owner or the buyer pays the commission, this amount must be taken into account when calculating the property's potential capital gains, since it is an expense related to the sale (if the owner pays) or the purchase (if the buyer pays).
This amount can reduce the value of the capital gains, thus reducing the possible amount of tax payable.
The information provided is general and is not a substitute for consulting a lawyer. Consult a lawyer and adopt a preventive approach to legal practice.
댓글