Acquiring an occupied property in Portugal can present a series of challenges and legal implications. Here are some important points to consider:
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Right of Possession:
When buying a property, even if occupied, the new owner acquires the right of possession and occupation over the property. However, this does not automatically mean that the property will be vacated by the current occupant.
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Negotiation and Eviction:
Initially, dialogue can be an effective solution to negotiate the eviction of the property. The buyer can try to reach an agreement with the occupant, such as granting a deadline for leaving or establishing a temporary lease contract.
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Legal Action:
If negotiation fails, the new owner may need to resort to legal action to request the eviction of the property. This process can be lengthy, and during this period, the occupant may not pay expenses associated with the property, such as utility bills, condominium fees, and taxes.
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Risks and Costs:
Buying an occupied property can involve additional risks, such as wear and tear with eviction actions, potential damage to the property caused by the occupant, and legal costs associated with the eviction process. It is crucial to evaluate all these aspects before deciding to purchase.
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Legal Consultation:
Given the complexity and risks involved, it is highly recommended to have the advice of a lawyer specialized in real estate law to guide the process and minimize possible losses.
Therefore, acquiring an occupied property requires careful analysis of the legal situation and potential costs associated with eviction, in addition to a clear strategy to deal with the occupant.