A Personal Note on Legal Protection in Property Transactions by Rita Branco, Senior Lawyer & Co-Founder of ALLawyers, Almancil.
As a lawyer practising in the Algarve for over two decades, I’ve seen too many property buyers – especially foreign clients – fall into the same trap: trusting the wrong person to guide them through one of the most important legal transactions of their lives.
In Portugal, legal representation is not just a formality. It’s a protected profession, and with good reason. Only qualified and registered lawyers (advogados) or “solicitadores” are allowed to carry out legal acts – such as interpreting contracts, advising on tax implications, drafting powers of attorney, or representing clients before public authorities. These are acts proper to the legal profession, and they are protected by law.
Yet I regularly encounter cases where estate agents, accountants, or even acquaintances of the seller overstep their role, offering “legal help” without the competence, credentials, or liability cover to do so. This is more than misguided – it is illegal. Under Portuguese law, the unauthorised practice of law (procuradoria ilícita) is a serious offence, subject to both disciplinary and criminal sanctions.
The risks are real. Acting on bad advice can result in flawed contracts, exposure to hidden debts, tax penalties, or the loss of legal remedies. I have seen buyers who unknowingly waived key rights, or sellers who incurred avoidable capital gains tax, simply because they were guided by someone who was not authorised to advise them.
The role of a lawyer is not just to fill out paperwork. It is to anticipate risks, explain obligations, verify documents, and ultimately protect you. We are trained to do this, and we are accountable to the Portuguese Bar Association and to our clients through mandatory insurance and strict ethical standards.
“Acting on bad advice can result in flawed contracts, exposure to hidden debts, tax penalties, or the loss of legal remedies.”
If you suspect that someone is offering legal services without being properly qualified, you can report it to the Ordem dos Advogados at www.oa.pt. Protecting the public from unlawful legal practice is part of our collective duty.
My message is simple: if you’re buying or selling property in Portugal, hire a lawyer. Not someone who claims they “know how it works” – but someone who is legally trained, regulated, and professionally bound to act in your best interests.
Legal protection isn’t a luxury. It’s essential.
Rita Branco
Advogada I Lawyer I Avocat
CP nº 296-F
Responsabilidade Limitada
Advogados – Law Office- Cabinet d’Avocats
Rua Cristovão Pires Norte, 137 N 8135 – 117 Almancil,
Algarve – Portugal
E ritabranco@allawyers.eu
T +351 289 399 720
www.allawyers.eu
