Court and insolvency property sales
Seizures, enforcement proceedings and insolvencies put thousands of properties on sale in Portugal every year. These sales have their own rules, short deadlines and information spread across notices and platforms.
Reviewed on 4 November 2026. Scope: Portugal, with notes on Brazil.
What a court sale is
When a creditor enforces a debt, the seized assets are sold within the enforcement proceedings, under the direction of an enforcement agent. For real estate the preferred format is the electronic auction. The law provides for others, such as sealed bids and private negotiation.
The base value is set in the proceedings, and offers from 85% of that value are generally accepted.
Sales in insolvency proceedings
In an insolvency, the properties of the insolvent estate are sold by the insolvency administrator to pay the creditors. The administrator chooses the format, usually electronic auction, sealed bids or private negotiation, and the conditions are set out in each sale notice.
The risks that matter most
- Occupation: the property may be lived in by the debtor or by third parties, and handover can take time.
- Charges and encumbrances: the sale extinguishes mortgages and seizures, but not necessarily every registered right. The land registry certificate is the reference document.
- Leases: a lease can survive the sale and needs its own analysis.
- Condition: a visit is not always possible, and photos are often few or old.
- Deadlines: the time between notice and closing is short, and the deposit and payment have fixed dates.
How Rivesta helps
Rivesta puts court and insolvency sales in the same search as auction house sales and bank-owned properties, with each sale’s deadline in view. When the notice contains the information, it flags the property’s situation and the charges mentioned, and shows the known history, for instance whether the property has been to auction before.
Each property has risk indicators across five dimensions and a market value reference for the area. The indicators support triage and do not replace reading the notice, the land registry certificate or legal advice.
Frequently asked questions
- What is the difference between a court sale and an insolvency sale?
- In a court sale, the property is sold in enforcement proceedings brought by one creditor, and the sale is run by the enforcement agent. In an insolvency, it is sold to pay all the creditors, and the sale is run by the insolvency administrator.
- Can I visit a property in a court sale?
- In many cases a visit can be arranged with the custodian or the person running the sale. The conditions are in the notice. When no visit is possible, the photos and documents carry more weight in the analysis.
- Does the buyer pay taxes in a court sale?
- Yes. IMT property transfer tax and stamp duty apply as in any purchase, calculated on the higher of the price and the taxable property value. Rivesta includes these costs in the investment simulation.