Estate agent commission in Portugal: what sellers pay and what to sign

How much do Portuguese agents charge?

No law or official body sets the rate. Opening quotes of about 5% of the price plus VAT are the norm, and deals are done between roughly 3% and 6%. Those are market ranges, not official statistics. Caixa Geral de Depósitos, the state-owned bank, also quotes “around 5% plus VAT” in its seller’s guide.

Sale price	3% + VAT	4% + VAT	5% + VAT	6% + VAT
€200,000	€7,380	€9,840	€12,300	€14,760
€400,000	€14,760	€19,680	€24,600	€29,520
€750,000	€27,675	€36,900	€46,125	€55,350
€1,500,000	€55,350	€73,800	€92,250	€110,700

What moves the rate, in practice:

• Lower-priced homes. Some agencies set a minimum fee in euros. On a cheaper property that can push the effective rate above 5%.
• Higher-priced homes. Each percentage point is worth more in euros, so there is more to negotiate. A fixed fee is worth asking for.
• Exclusivity. Agencies often offer a lower rate in exchange for an exclusive contract.
• Hard-to-sell property. Rural land, unlicensed works or a long time on the market can bring higher quotes.

Who pays, and is VAT on top?

The seller pays, under the contract the seller signs. An agency may not be paid by both the seller and the buyer in the same deal (Lei 15/2013, article 17(2)(a)).

VAT is charged on top of the commission at 23% on the mainland. Madeira and the Azores set lower regional rates (VAT Code article 18). The contract must state the VAT rate (article 16(2)(c)). So “5%” really costs 6.15% of the price. Commission and its VAT count as a sale expense that reduces your capital gain, provided the invoice carries your NIF. See the selling calculator for the effect on tax and net proceeds.

When is commission due?

Under article 19(1) of Lei 15/2013, commission is due when the sale the agency was hired for is concluded, usually at the deed. There is one exception. If the contract expressly provides for payment at the promissory contract stage, that part is due when the CPCV (promissory contract) is signed.

The standard contract model (Portaria 228/2018) offers three options: all at the deed; a percentage at the CPCV and the rest at the deed; or all at the CPCV. Choose “all at the deed” if you can. If you pay at the CPCV and the buyer later walks away, getting that money back depends on the contract and can end in a dispute.

What must the mediation contract (CMI) contain?

The contrato de mediação imobiliária must be in writing (article 16(1)). Article 16(2) requires it to state:

Required item	Article 16(2)	What to check
The property, with every charge and encumbrance on it	(a)	Matches the land registry certificate, including any mortgage
The deal the agency is hired for	(b)	“Sale”, at a stated asking price
Commission, as a fixed sum or a percentage, how it is paid, and the VAT rate	(c)	Percentage of the price actually achieved, not the asking price
Civil liability insurance or financial guarantee: policy and insurer	(d)	Present and current
The angariador (listing agent) who helped prepare it, if any	(e)	Name matches the person you dealt with
Any extra services, itemised	(f)	No hidden charges for documents, photos or marketing
Exclusivity, if agreed, with its effects for both sides	(g)	Written out in plain terms

The agency’s name and AMI licence number must also appear on its contracts, adverts and correspondence (article 13). Duration: if the contract says nothing about how long it lasts, it runs for six months (article 16(3)). The standard model renews automatically for the same period unless either side gives at least 10 days’ notice before it ends, by registered letter with proof of receipt or an equivalent method.

If the contract is not in writing or lacks a required element, it is void. Only you, not the agency, can rely on that (article 16(5)). Agencies either use the standard contract approved by Portaria 228/2018, lodged with IMPIC before first use, or their own standard wording, which IMPIC must validate in advance (article 16(4), as amended by Decree-Law 102/2017).

Exclusive or non-exclusive: what is the difference?

	Non-exclusive	Exclusive (simple)
Other agencies	You can list with several	Only this agency may market it during the term
Selling to a buyer you found yourself	No commission	Generally no commission, unless the contract clearly bars you from selling privately
Rate	Often the standard rate	Often a lower rate offered
Agency effort	May be lower, since another agency may win	Usually more marketing spend
Main risk	Same property at different prices on several portals	Locked in for the term if the agency underperforms

Do you owe commission if the sale falls through?

Normally, no. Commission depends on the sale actually happening (article 19(1)).

The exclusive-contract exception. Article 19(2) says commission is also due when the contract is exclusive and the sale does not happen because of something the owner did. For example, you accept a genuine buyer the agency introduced, then refuse to go ahead. The courts read this narrowly. In January 2023 the Lisbon Court of Appeal held that commission was not due where the agency could not prove it had produced a genuine buyer. In that case the owner’s withdrawal was also not their fault (a serious illness). In April 2023 the Supreme Court held that no commission was due where the sale failed because the buyer lost interest.

Selling to a buyer you found yourself. Simple exclusivity stops you using another agency. It does not stop you finding a buyer yourself, and the Supreme Court said so in April 2023, following earlier case law. Some contracts try to go further, for example “reinforced” or “absolute” exclusivity clauses. Read yours. If the wording is unclear, have a lawyer check it before you sign.

Buyers introduced before the contract ended. If the agency introduced a buyer during the term and you sell to that buyer after it ends, expect a claim. Courts look at whether the agency’s work caused the sale. Keep a record of who introduced whom.

How do you check an agent’s AMI licence?

Every Portuguese estate agency needs an AMI licence from IMPIC (the Institute of Public Markets, Real Estate and Construction). To check one:

1. Find the AMI number on the agency’s website, adverts or contract. It must be shown (article 13).
2. Search it on the IMPIC website under “Consultar”, then “Empresas titulares de licença de mediação imobiliária”. You can also search by company name, NIF or municipality, or use the gov.pt service.
3. Check that the company name on IMPIC matches the name on your contract, not just the brand on the shop window. Franchise offices are separate companies.

The deed must also record whether an agency was involved, with its name and licence number (article 40).

What does a commission split between agencies mean for you?

Often the buyer comes through a different agency. The listing agency then shares its commission with the buyer’s agency, under an arrangement between the two agencies. This is market practice, not something set by law. For you as seller, three points matter:

• You pay one commission, at the rate in your contract. A split must not increase it.
• The buyer’s agency cannot also charge you, and cannot be paid by both buyer and seller (article 17(2)(a)).
• If a second agency asks you to sign a new contract to present “their” buyer, check your exclusivity terms first. Two contracts can mean two claims.

Negotiation checklist

• Get at least two written proposals with the rate, VAT and what is included.
• Ask for commission on the price achieved, paid only at the deed.
• Ask for a fixed fee, or a lower rate above a price threshold.
• Keep exclusivity to 3–6 months and diary the non-renewal notice date (at least 10 days before the end).
• Write in a right to sell privately without commission.
• Exclude buyers you already know by naming them in the contract.
• Confirm which marketing is included: photos, portals, international listings.
• Check that the AMI number, the insurance policy and the angariador’s name are in the contract.

Red flags

• No written contract, or a contract without the commission, VAT rate or duration.
• An AMI number that does not appear on IMPIC, or belongs to a different company.
• Commission due at the CPCV with no refund if the deed does not happen.
• Exclusivity clauses that charge you even for a private sale, or for any sale “during or after” the contract with no time limit.
• Long automatic renewals, such as 12 months, with a notice window that is easy to miss.
• An agent who asks the buyer for a fee as well as you.
• A valuation far above comparable sales, used to win the listing.
• Pressure to leave charges, mortgages or unlicensed works out of the contract description.

Key points

• Commission is about 5% plus 23% VAT by market practice, not law. It is negotiable, and fixed fees are possible.
• The seller pays. An agency cannot be paid by both sides in the same deal.
• Lei 15/2013 requires a written contract stating the commission, VAT, exclusivity terms and insurance. Without a stated duration it lasts six months.
• Commission is due when the sale completes, or at the CPCV only if the contract says so. Under exclusivity it is also due if the sale fails through your fault.
• Simple exclusivity does not stop you selling to a buyer you find yourself. Check the wording anyway.
• Check the AMI licence on IMPIC before you sign.