Estate Agent Fees in Portugal: Contract, Exclusivity, Commission
Before a house is shown, a contract is signed.
In Portugal, estate agent fees are not set by law. They are agreed in writing, in a document that many sellers sign quickly and read later: the contrato de mediação imobiliária. It decides who may sell your house, for how long, when the commission falls due and what happens if a buyer appears by another route. This guide reads it clause by clause, under Lei 15/2013, the law that governs the profession.
A licensed profession
Real estate brokerage in Portugal is a regulated activity. A company needs a licence from IMPIC, the public institute that supervises the sector, known in the trade as the AMI licence, from atividade de mediação imobiliária. The licence depends on the firm's commercial good standing, and the firm must hold professional liability insurance, or an equivalent guarantee, of at least €150,000. Before you sign anything, you can search for a licensed company on the government's public services portal.
The agency also owes you duties. It must check that you are entitled to sell, that the property matches its description and which charges weigh on it, give accurate information on price and conditions, and tell you at once of anything that may compromise the sale. It may not act as an interested party, and it may not be paid by both its client and the other side of the same deal. The government has announced a new law for the profession, with compulsory training; at the time of writing, Lei 15/2013 remains the law in force.
The contract must be in writing
Lei 15/2013 requires the mediation contract to be in writing. It must describe the property, including mortgages and other charges; state the deal sought, a sale or a lease; set out the commission, as a fixed sum or a percentage, with the payment terms and the VAT rate; identify the insurance; and, if exclusivity is agreed, describe its effects clearly. Missing elements, other than the term, can make the contract void.
Many agencies use the official model approved by Portaria 228/2018, a standard contract with general clauses. A firm that prefers its own text must submit it to IMPIC for validation before using it. Either way, read the whole document before signing. The clauses are pre-written; the blanks are where the negotiation happens.
Exclusive or open
The contract is either exclusive or not. Under an open contract you may engage several agencies and sell on your own, and an agency is paid only if it finds the buyer who completes the deal. Under an exclusive contract, close to what British sellers call a sole agency agreement, the official model is plain: only the contracted agency has the right to promote the deal during the contract period.
Exclusivity has real merits for a singular house. One agency invests in photography, a documented dossier and the right buyers, and the property does not appear at different prices on different portals. A restored manor house in the Alentejo, with its library and panelled rooms, is better served by one coherent presentation than by five. In exchange, the owner gives up the freedom to work with others for a fixed term. For an ordinary flat in a busy market, an open contract may be enough.
Read the duration clause before the commission clause.
When the commission is due
The rule is in article 19 of Lei 15/2013. The commission is due when the deal is concluded, which in a sale means the deed. There is one exception: if a promissory contract, the CPCV, is signed and the mediation contract provides for payment at that stage, the commission, or the agreed part of it, is due when the CPCV is signed. Our note on the CPCV explains what that contract involves.
A second rule applies only to exclusive contracts. The agreed commission is also due if the deal is not concluded for a reason attributable to the owner. In 2019 the Coimbra Court of Appeal applied it to a seller who accepted the offer of a buyer introduced by the agency, failed to turn up for the CPCV and sold to someone else.
What if you find a buyer yourself? The honest answer is that it depends on the contract and the facts. The law does not say, in so many words, that an exclusive agency is always paid when the owner sells privately. Portuguese courts have placed on the agency the burden of proving that the deal failed through the owner's fault, and they weigh the circumstances case by case. Read the exclusivity clause with care, and do not sell around an agency you have engaged.
VAT, percentages and who pays
Commission is a fee for a service and carries VAT, at the standard rate of 23% on the mainland, and the contract must state the rate. The percentage is free: no law fixes it. In 2020 the industry association APEMIP told the newspaper ECO that commissions generally ranged between 3% and 5% of the price. Treat that as a reference, not a tariff. The scope of the service, the value of the property and its complexity all count, and estate agent commission is negotiated, not given.
The commission is paid by the agency's client, normally the seller who signed the contract. For tax purposes, it is an expense of the sale and can be taken into account when capital gains are calculated: see our guide to capital gains tax on a home in Portugal.
Duration, renewal and notice
If the contract says nothing about its term, the law presumes six months. The official model leaves the term blank and adds that the contract renews automatically for equal periods unless either party gives notice at least ten days before it ends, by registered letter with acknowledgement of receipt or an equivalent means. What counts is the date the agency receives the notice, not the date you send it: in the same 2019 case, the Coimbra Court of Appeal held that a late notice had let the contract renew. Put the date in your diary.
Complaints, compliance and a final check
Every agency must keep a complaints book, the livro de reclamações, in paper at its premises and in electronic form, and hand it over on request; a refusal can be reported to IMPIC. Agencies are also bound by the anti-money laundering law, Lei 83/2017. Under IMPIC's rules they must identify the parties, including the beneficial owners of companies, before the CPCV is signed. Expect to be asked for documents. It is the law, not suspicion.
Check the licence. Read the description of the property and its charges. Look at the commission: a percentage or a fixed sum, plus VAT, payable at the deed or partly at the CPCV. Choose exclusivity knowingly, and read what the contract says about private sales. Note the term, the renewal and the notice period. For the rest of the process, from documents to deed, see our guide to selling property in Portugal, and before agreeing a price, our note on property valuation.
Wiseguys Properties works with owners of historic and architecturally significant houses. If you are thinking of selling, tell us about your property, or see how we present one: The Great Green House, in Portalegre. Some owners prefer a discreet, off-market sale.
Frequently asked questions
How much are estate agent fees in Portugal?
No law fixes them. The commission is a negotiated percentage or a fixed fee, plus VAT at 23% on the mainland. In 2020 the industry association APEMIP put the usual range at 3% to 5% of the price.
Who pays the estate agent fees in Portugal?
The agency's client, normally the seller who signed the mediation contract. The agency may not be paid by both its client and the other party in the same deal.
When do you pay estate agent fees?
When the sale is concluded at the deed, unless the contract provides for payment, in whole or in part, when the CPCV is signed.
Can I sell my house myself during an exclusive contract?
Only the contracted agency may promote the sale during the term. If a deal fails through the owner's fault, the commission is due. Other private sales are judged case by case, so read the clause and take advice.
How do I end an estate agent contract in Portugal?
Give notice as the contract requires. The official model asks for at least ten days before the end of the term, by registered letter with acknowledgement of receipt or equivalent; otherwise it renews automatically.
Are estate agent fees negotiable?
Yes. Neither the percentage nor the payment schedule is fixed by law.
This article is general information and does not replace legal or tax advice. Sources: Lei 15/2013 (articles 16 and 19), as amended by Decreto-Lei 102/2017; Portaria 228/2018; Lei 83/2017 and Regulamento IMPIC 276/2019; Autoridade Tributária, binding information 28530 (2025); Tribunal da Relação de Coimbra, judgments of 10 September and 20 December 2019; Tribunal da Relação de Guimarães, judgment of 7 May 2026; ECO, 18 August 2020. Photographs: Wiseguys Properties.
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