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The legal right of preference is the right that a certain person has to prefer to any other person in a purchase, or other business, provided for by law. For example, if you have been living in a rented house for more than two years, you will have priority in case the landlord wants to sell the property.

 

But the right of first refusal also has implications at the public level. That is, in certain situations, it gives priority to a public entity in the purchase and sale of a property, maintaining the same value and the same conditions agreed with another buyer.

 

Among the entities that can exercise the right of preference are the State, municipal councils, autonomous regions and the Directorate-General for Cultural Heritage.

What is "Right of First Refusal"?

The preemptive right gives priority to a public entity in the purchase and sale of a property, maintaining the same value and the same conditions agreed with another buyer.

What has changed?

Currently, for the conclusion of Housing Credit Agreements for the acquisition of real estate, the registration of the notice will always be required for the exercise of the legal right of preference by the State (including IGESPAR), Autonomous Regions and Municipalities, being verified on the date of the deed that the notice has been published and the deadline for exercising the preference.

How to proceed?

This registration regarding preemptive rights can be done through the website - https://www.casapronta.pt/CasaPronta/ 

 

The notice must be published more than 10 calendar days in advance of the intended date for the conclusion of the Mortgage Credit Agreement.

 

After publication of the advertisement, a period of 10 days must elapse for any of the referred entities to prefer, and the aforementioned contract can only be concluded after this period has elapsed.

19 from January from 2022

Sara MartinsMarketing Assistant

Following the entry into force of Decree Law 89/2021, the right of preference of the State, Autonomous Regions and Municipalities was extended.

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