How to visit a seized property before an auction in Portugal

Am I entitled to see the property?

Yes. The law does not leave the visit to the goodwill of whoever keeps the property.

• Court sales (civil enforcement). Until the day bids are opened, the custodian "is obliged to show the assets to anyone wishing to examine them". The custodian may set the hours, and the enforcement agent (agente de execução) must state them in the listing and in the sale notice (edital) (CPC article 818). The rule was written for sealed-bid sales (carta fechada) but applies to the other methods, including electronic auctions (leilão eletrónico) (article 811(2)).
• Tax authority sales. The listing must state the "place, period and hours when the assets may be examined". The assets must be on view at least until the deadline for bids, and the custodian must show them during the stated hours (CPPT article 249(5) and (6)).

The custodian (fiel depositário) is the person in charge of keeping the seized property until it is sold.

Who the custodian is

It depends on the case and on who uses the property. For civil enforcement the rule is in CPC article 756:

This has a simple consequence: the person opening the door is often the one about to lose the home, or the tenant living there. A visit calls for respect and discretion.

Where to find the contact

On e-Leilões, the listing must give the custodian's identity, the "place and time when the assets may be seen and the custodian's contacts", and the enforcement agent's contacts (name, phone, e-mail and office hours). It should also have a photograph of the outside and, whenever possible, the inside (platform rules, article 6).

For tax authority sales, the information is in the sale listing on the Portal das Finanças. The tax office named in the listing is the contact for questions.

Leiloeiro listings show what the official listing says about visits and always link to it. See tax authority auctions and e-Leilões auctions.

How to book, step by step

What to look at

The property is sold as it stands. e-Leilões warns that, unless stated otherwise, goods carry no warranty, and that properties are not assured to have a use licence or one that matches reality (FAQ, questions 4 and 5). The visit is your chance to see for yourself.

Physical condition

• Damp, leaks and stains on ceilings and around windows.
• Cracks in walls and floors.
• Condition of the roof, window frames and visible plumbing.
• Fuse box and gas installation.
• Common parts of the building: stairs, lift, façade, roof.

Match with the documents

• Do the area and number of rooms match the tax record?
• Are there enclosed balconies, annexes, attics or garages that are not in the documents?
• Is the actual use (housing, shop, warehouse) the registered one?

Differences do not prevent the purchase, but legalisation is the buyer's responsibility, as e-Leilões itself warns in annex I of its rules.

Occupation

• Does anyone live there? Who?
• If it is a tenant, is there a written contract? Since when? What is the rent?
• Are there signs of abandonment, or that the property is vacant (devoluto)?

The answers change a great deal of what happens after the purchase. See Occupied property: what to do after buying.

Surroundings

• Access, parking, noise, sunlight.
• Condition of neighbouring buildings.
• For land (prédio rústico): boundaries, access by public road, water, existing structures.

What a visit does not show

Some things only appear in documents or by asking third parties:

• Charges and other people's rights. They are on the land registry certificate. See Liens and charges in a judicial sale.
• Use licence and planning status. The town council (câmara municipal) can provide information on the building's file.
• Condominium. The manager can tell you the fees and whether there are debts or approved works.
• Purchase costs. Use the auction cost calculator.

What if I am not allowed in?

It happens, especially when the custodian is the debtor. What the law offers is the duty described above; it does not offer a quick way to enforce it before the auction ends.

What you can do:

• Tell the enforcement agent or the tax office in writing that you asked for a visit and it was refused or went unanswered. They run the sale and can contact the custodian.
• See what can be seen from outside: façade, roof, common parts, neighbourhood.
• Talk to the condominium manager, if there is one.
• Lean harder on the documents: tax record, registry certificate, listing photographs.
• Factor the uncertainty into the amount you decide to offer, or do not bid. Bidding unseen is a legitimate choice, but it should be a conscious one.

What if the property is not as advertised?

Seeing it beforehand is the best protection. After the sale, the law allows annulment only in limited cases:

• in civil enforcement, when there is an error about the property "because it does not conform to what was advertised", or a charge that was not taken into account (CPC article 838);
• in a tax sale, on the same grounds, within 90 days (CPPT article 257).

If you think you are in one of these situations, speak to a lawyer, because the deadlines are short.

Bank-owned and auction-house properties

For properties sold directly by banks, you book the visit with the bank or the estate agent it names, as in an ordinary sale.

In insolvency (insolvência) sales run by auction houses, the sale conditions may set visiting days. Always check the conditions published by the auction house or ask the insolvency administrator (administrador de insolvência).

The guide Where to find property auctions in Portugal explains each of these sources.

Quick checklist