When Steven and Claire Peters decided to move to Portugal they were hoping that the move would be all their dreams come true. With two children in tow, Steven and Claire began researching the move online. They discovered that Portugal works on a notary system – the notary being the government’s legal representative who checks that the correct formalities and are carried out for property transactions, including the overseeing of the signing of contracts. Due to the role of the notary, the Peters believed that they did not need to hire any further legal representation.

This was the first mistake that the Peters made. They believed that the notary would be able to carry out all the legal duties involved with buying their Portuguese property, and they thought that if there were any problems regarding the legality of their purchase, the notary would find out for them. Little did they know that the notary does not act in the same way as a solicitor or lawyer employed independently by a buyer.

Steven recalls: “We were all ready to sign contracts when some friends of ours asked which solicitor we were using, as they too were considering moving to Portugal. When we explained that we had a notary and not a solicitor their faces said it all! After some further investigating we came across the Overseas Guides Company who opened up a whole world of information. They had loads of useful information, from beginning the search for a property, to completing the sale and moving your belongings abroad.”

The Peters remember how the OGC recommended using a lawyer or solicitor as well as the notary – and thank their lucky stars that they came across the site before they signed anything. They went to their notary and explained that they were going to have a solicitor check the details of the contract before they signed it; and it’s a good thing they did as they got a strange surprise…

Claire continues: “The solicitor came back to us and said that part of the land which we had been told was to be our garden, actually belonged to the neighbouring house! We thought it was strange that the neighbour had his chickens on the land but were assured by the estate agent that it was because the neighbour was a friend of the vendor and that once the property was ours, the garden would be vacant of all poultry!”

Luckily for them, Steven and Claire were made aware of this before they signed the contract. However, it shows how important it is to employ a reputable legal representative, regardless of fact that a notary with rubber stamp a transaction and what an estate agent tells you. It is not the role of a notary to carry out all the necessary checks that a solicitor does. The Peters had a lucky escape but unfortunately, the same cannot be said for every family that moves abroad.