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, fee and payment terms, applicable VAT, insurance, agreed additional services and, where chosen, the terms and effects of exclusivity.

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.

Why IMOJA charges 2% + VAT for an exclusive sale

With an exclusive agreement, IMOJA can plan its marketing and follow-up knowing that one agency is handling the sale. This greater certainty supports a fee of 2% + VAT (2.46% total at the current mainland rate), subject to a €2,000 + VAT minimum (€2,460 total).

Why IMOJA charges 3% + VAT for a non-exclusive sale

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 extra coordination and risk of unrecovered marketing work are reflected in IMOJA’s non-exclusive fee of 3% + VAT (3.69% total at the current mainland rate), subject to a €3,000 + VAT minimum (€3,690 total). This option gives the owner more flexibility to work with other agencies.

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.