Preliminary agreement

A preliminary agreement is an agreement whereby a person undertakes to execute a certain legal transaction (art. 410 of the Civil Code).

In preliminary agreements to execute a contract for consideration regarding the transfer or constitution of a right in rem over a building, the document must contain the in-person certification of the signatures of the parties and the certification of the existence of the construction / use licence by the entity performing the certification.

It is possible to register the preliminary agreement, whereby it is rendered enforceable against third parties. In this case, a public deed must be executed and filed in the land register (art. 413 of the Civil Code).

Whether to certify the signatures or to execute the public deed, come to the João Maia Rodrigues and Diovana Barbieri Notary Office.