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he
legal regulations relating to selling a property in Portugal are
relatively uncomplicated and the movement of the resulting funds is
unrestricted.
lthough
there is no law that forces a seller to market their property
through a Real Estate Agent there are advantages in doing so. If
selling is the intention of the owner then it makes very good sense
to make sure that the property is placed where it will be best
exposed to the potential market.
irstly,
there is the considerable convenience to owners in using a Real
Estate Agent - especially owners that are often tend to be absent.
Most Agents spend serious money in marketing their list of products
in foreign markets.
Established Agents also enjoy many referrals from past contacts and
clients.
Agents will use their professional skill in presenting a property
to potential buyers which in turn increases the chance of a sale
being achieved.
As most foreign buyers have little or no real knowledge of the
Algarve an Agent has to normally invest considerable time to achieve
each sale.
The market system in the Algarve is that a commission related by
a percentage of the actual sales value is paid by the seller to the
Real Estate Agent. It is not the normal practice for any commission
to be paid by the buyer.
gents
will request a seller to sign a legally binding "Contrato de
Mediação" which is a document required under law stating the
terms of agreement, the details of the property, the price sought,
and the commission that is to be paid to the Agent. (In Portugal
there are occasional agreements between the various Real Estate
Agents). The usual position is that a commission is paid by the
seller to the Agent that is chosen by the buyer. This is regardless
of the possibility of other Agents being involved in the sale.
ome
Agents request an exclusivity in representing the seller in the sale
of their property. There is no law relating or governing this type
of Contract, either relating to any special conditions or its time
length. It rests on the seller to decide if this type of marketing
will be in their best interest.
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