Exclusive vs non-exclusive property sales in Portugal

What the written agreement must explain

A Portuguese real-estate mediation agreement must be in writing. It identifies the property, intended transaction, remuneration and payment terms, applicable VAT, insurance, agreed accessory services and the existence and effects of exclusivity where it is chosen.

If no duration is stated, the statutory default is six months. The signed wording — not the headline ‘exclusive’ — determines whether and how the owner may act directly and what may constitute a breach.

Portuguese law does not set a standard percentage

There is no statutory 5%, 3% or 2% standard commission. The remuneration and VAT treatment are commercial terms that must be written clearly in the mediation agreement.

Under the general rule in Article 19 of Lei n.º 15/2013, remuneration is due when the mediated transaction is completed, or at the promissory contract stage where the mediation agreement expressly provides for that timing. Exclusive agreements can also have consequences where completion fails for a reason attributable to the owner; the contract and facts must be reviewed.

One coordinated sales process

With one appointed agency, our team manages the agreed price, presentation, enquiries, viewings and offers as one process. Buyers see consistent information instead of duplicated adverts with conflicting details.

IMOJA’s rationale for 2% + VAT

Exclusivity gives IMOJA enough confidence to commit its standard marketing and follow-up resources. That lower operating uncertainty supports a 2% + VAT fee (2.46% total at the current mainland rate), subject to a €2,000 + VAT minimum (€2,460 total).

IMOJA’s rationale for 3% + VAT

With several agencies, no single agency controls every advert, enquiry, viewing or pricing message. Each agency carries a higher risk that its marketing and follow-up will not result in the completed transaction.

The additional coordination and investment uncertainty support IMOJA’s 3% + VAT non-exclusive fee (3.69% total at the current mainland rate), subject to a €3,000 + VAT minimum (€3,690 total). It is the price of greater owner flexibility, not a claim that one route is right for every seller.

What to check before signing

Review the term, fee, VAT, marketing scope, owner obligations, termination rules and the precise effect of exclusivity. Ask questions before signing; do not rely on a headline alone.