Pausing a property sale in Portugal: what to agree with your estate agent

Define what you are pausing

A pause can mean several different things: no new viewings, removal from property portals, no new buyer follow-up, or a complete stop while you prepare documents, organise works or reconsider the selling plan. Write down the scope instead of relying on the word “pause”.

Set an effective date and a review or restart date. If the timing depends on a document, repair or personal availability, name that trigger. A clear endpoint prevents the property from sitting in an uncertain status with the owner and estate agent working to different assumptions.

• Will new enquiries and viewings stop?
• Will every advert be removed or only marked unavailable?
• May the agency continue speaking to buyers already in contact?
• Who can approve a restart, and in which channel?

Read the mediation agreement before adverts come down

Portuguese real-estate mediation is governed by Lei n.º 15/2013. The written agreement and its clauses matter, including the service covered, duration, renewal, exclusivity, remuneration, expenses and the agreed communication method. The official model clauses published under Portaria n.º 228/2018 are useful reference points, but your signed agreement is the document to check.

Stopping advertising is not automatically the same as amending, suspending or ending the agency agreement. There is no universal answer that applies to every contract. Ask the estate agency to identify the relevant clause and record any change in writing. If the parties disagree about exclusivity, termination or a fee, obtain advice from a Portuguese lawyer or solicitor.

Close the open buyer threads deliberately

Ask for a dated list of enquiries, booked viewings, written proposals and documents already shared. Decide which conversations should be closed and whether a serious buyer already in progress may still receive an answer. The owner should give that instruction in writing.

Agree on a truthful status message. A home that is temporarily unavailable should not continue to be presented as ready for immediate viewing. At the same time, do not assume that removing the listing erases earlier introductions or contractual obligations connected with a buyer already identified by the agency.

Account for every advert, image, key and access code

Request an inventory of the estate agency website, portals and any partner feeds where the property appears. Confirm the date on which each listing will be removed or updated. Syndicated adverts can take time to disappear, so the written record should distinguish the agency’s action from a portal’s update time.

Also record who holds keys, alarm details or access codes and when they will be returned or disabled. Confirm what happens to photographs, floor plans, video and listing copy under the existing agreement. A pause is a good point to protect access to the home without making unsupported assumptions about ownership or deletion rights for marketing material.

Confirm costs, commission and the service clock

Do not assume that “no sale” always means “nothing is payable”. The answer depends on the service and signed agreement, as well as the circumstances in which remuneration can become due under Portuguese law. Ask for a written balance covering fees already incurred, agreed expenses and any effect of the pause on the contract term.

IMOJA’s Online Sale service has a fixed price of €499 including VAT for one property and runs for 90 days from the first publication. The owner supplies the photographs and conducts viewings. The price pays for the service and remains payable if the property does not sell; a sale is not guaranteed. A pause after the first publication does not automatically restart or extend the 90-day period, so confirm the remaining time before choosing this route.

Prepare a restart that fixes the reason for stopping

Use the pause to solve a defined problem. That may mean obtaining a missing record, making the home available for visits, correcting listing facts, completing essential maintenance or reviewing the asking price against current comparable evidence. A restart with the same unresolved obstacle usually produces the same friction.

Before republishing, check that the description, areas, condition, energy information and available documents still match the property. Agree who will approve the final advert and viewing calendar. If you are comparing a traditional estate agency with an online estate agent or a fixed-price selling service, compare the work included, the owner’s tasks, the term and the total price, rather than the headline fee alone.

The written checklist to send before the pause

A short email can prevent most practical ambiguity. Ask the agency to reply to the same message so the owner and agent retain one dated record.

• Effective date and exact scope of the pause
• Open enquiries, proposals and viewings, with an instruction for each
• Adverts and portals to remove or update, plus treatment of photos
• Return of keys and cancellation of access permissions
• Fees, expenses, exclusivity and remaining service or contract term
• Contact method while marketing is stopped
• Review or restart date and the approval required to republish

A pause should create clarity, not silence

The useful outcome is not simply that the advert disappears. It is that the owner knows the legal and commercial position, buyers receive consistent information, the home is secure and the next decision has a date. Keep the confirmation with the signed agreement and any buyer or offer record.

This guide is general information, not legal advice or a guarantee about a particular contract. Where a pause affects exclusivity, a disputed commission or termination rights, have the signed documents reviewed by a qualified Portuguese professional.