ação de preferência
Published 30 October 2026, 20:39
ação de preferência (action to enforce a right of first refusal)
A court case brought by someone who had a right of first refusal when the sale went ahead without them. The claim must be filed within six months of the day the person learned of the essential terms of the sale, and the price must be paid into court within 15 days of filing (article 1410.º of the Civil Code, which applies to tenancies through article 1091.º, paragraph 5). If the case is won, the home passes to the claimant, and the buyer gets their money back.
Where you come across it. The flat you have been renting for more than two years has been sold without you being sent a letter setting out the terms.
Unless the money is paid into court, the claim fails: the price is paid in straight after filing, not after the court's decision.
Official website: diariodarepublica.pt/dr/legislacao-consolidada/decreto-lei/1966-34509075