THE EYB COUNTRY GUIDES · Portugal
Set out the work, instructions, signing authority, fees and end of the appointment before marketing starts.
Yacht broker agreement Portugal should make the broker's work understandable before the boat is advertised or offers are discussed. A marketing appointment, a mandate to perform legal acts and a power of attorney are different concepts. The Civil Code provides rules for mandate and representation, but the contract's actual scope decides which are relevant. This guide helps buyers and sellers identify the questions that need clear written answers.
Read the commercial services and the authority provisions together. Ask who can approve a price change, accept an offer, sign documents or receive money. Where the appointment gives significant powers or has unclear termination terms, obtain advice from a locally qualified lawyer before relying on a familiar-looking template. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
Key facts at a glance
Article 1157 defines mandate by undertaking legal acts for another party's account.
Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026 ·Article 262(1) defines procuração as voluntarily granting representative powers.
Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026 ·Article 1158(1) presumes remuneration for professionally performed mandated acts.
Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026 ·Article 1170 permits mandate revocation subject to its protected-interest exception.
Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026 ·Article 1159(1) limits general mandate to ordinary administration.
Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026 ·Section 1
Begin with the contracting parties and an accurate identification of the boat. As a practical recommendation, list the agreed marketing and coordination work in ordinary language. Photographs, advertisements, viewings, offer handling and completion assistance should each have an identifiable scope. Avoid relying on a label such as full service without discussing what is included. A service description also helps the owner supply information and arrange access without assuming the broker will take responsibility for work outside the agreed appointment.
The Civil Code defines mandate by the undertaking of legal acts for another party's account. Its general mandate rule covers ordinary administration; a special mandate reaches the acts specified and those necessary to perform them. As a practical recommendation, ask a qualified adviser whether the intended appointment falls within those provisions and whether the powers fit the sale. Listing a boat should not leave either party guessing about authority to bind the owner to price or condition terms.
If more than one intermediary is involved, write down how they will work together. The Code addresses multiple mandates and distinguishes them from an arrangement requiring joint action. As a practical recommendation, identify the lead contact, how offers are passed on and who can approve expenditure. Keep changes to those instructions in a recorded channel. A clear shared process reduces the risk of different people circulating contradictory descriptions or agreeing a next step that the owner did not intend.
Broker tip: Ask for a service list and an authority list. Make the people responsible for access, offers, expenditure and completion identifiable. Our guide on how much yacht broker commission is in Portugal covers a related point.
Boat sale contract with a legal stamp.
Legal acts mandate
Section 2
A power of attorney, or procuração, concerns representative powers. It is not just another name for an advertising appointment. The Code addresses its form by reference to the transaction to be performed. As a practical recommendation, ask the adviser preparing sale documents what authority is needed for the proposed signing arrangements. Give the representative the intended acts and limits in writing, and make sure the buyer can see appropriate evidence rather than relying on a verbal assurance.
The Code permits a third party to demand proof of representative powers and, where powers are documented, a signed copy. As a practical recommendation, reconcile that evidence with the seller's identity and the actual contract. Clarify whether the representative may agree conditions, arrange signatures or only communicate an offer. Where a company is involved, obtain suitable corporate information as well. Marketing access to a boat or possession of its keys does not provide the documentary explanation of signing powers a purchaser needs.
An act carried out without representative powers is ineffective against the supposed principal unless ratified, under the stated Civil Code rule. The Code also addresses self-dealing and conflicts involving representation of another party. As a practical recommendation, disclose who each person acts for and have potential conflicts reviewed. If the proposed signatory changes during the sale, recheck the authority before completion. Do not let convenience at a meeting replace a clear chain of instructions and verified powers.
Broker tip: Treat authority to advertise, negotiate, sign and receive funds as separate questions. Give the buyer documentary evidence for the powers actually used. A related question is answered in our guide on whether yacht brokers are regulated in Portugal.
Signing a boat purchase agreement.
Power of attorney
Buying or selling a boat in Portugal and want a second opinion? Speak to one of our brokers.
Section 3
Put remuneration and authorised expenses in the same document set as the agreed work. Professional mandate has a remuneration presumption, but the rule is not a yacht-sales fee schedule. As a practical recommendation, state the calculation and payment event expressly, together with applicable tax wording and any outside services. If an expense needs advance approval, record how that approval is obtained. This keeps the seller from discovering an additional obligation only when a final account is prepared.
Where mandate applies, the agent is required to follow the principal's instructions. As a practical recommendation, use a recorded approval process for offer acceptance, changes to the asking price and commitments on repairs. A buyer's request should reach the owner without becoming an accepted obligation merely because an intermediary discussed it. Keep agreed exceptions visible and replace outdated instructions when the position changes. Clear communication supports the work without depending on everyone remembering the same version of a telephone conversation.
The Code also addresses requested management information and accounting. As a practical recommendation, agree how the owner will receive updates about enquiries, viewings and offers, and request an account for money received or spent. Identify who retains the transaction documents after completion. Reporting should explain decisions and outstanding actions, not simply announce activity. A useful record allows the owner to see which commitments remain to be fulfilled and which supporting documents need to be supplied before the sale can progress. No universal mandatory yacht-broker agreement, exclusivity duration or commission-payment trigger was verified. Mandate and representation rules are scoped; not every marketing or introduction contract falls within mandate. For these, email us at info@europeanyachtbrokers.com for the latest information.
Broker tip: Keep fee terms, expense approvals and offer instructions in one current document set. Ask each update to identify what needs your decision. See also our guide on what goes in a boat sale contract in Portugal.
Broker and buyer shaking hands on a pontoon.
Professional remuneration
Article 1158(1) presumes remuneration for professionally performed mandated acts.
Source: Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026Article 1161(a) requires performance of mandated acts according to the principal's instructions.
Source: Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026Article 1161(b) requires requested information about the state of management.
Source: Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026Article 1161(d) requires accounts when the appointment ends or when the principal demands them.
Source: Procuradoria-Geral Distrital de Lisboa – Civil Code, updated 23 Jun 2026Section 4
Read duration and termination wording before appointing the broker. The mandate regime allows revocation but includes limits where another protected interest is involved. As a practical recommendation, have exclusivity, notice and later-sale clauses explained in the context of the actual service. A power of attorney needs its own treatment alongside the underlying appointment. Cancelling marketing and cancelling representative authority should be communicated clearly, with attention to anyone who might otherwise continue to rely on an old document.
The Code identifies specified compensation consequences for revocation and makes communication relevant when a replacement is appointed for the same acts. As a practical recommendation, plan the transition before instructing a new intermediary. Record the status of offers already received, any approved expense and any money held. Ask for confirmation of what work stops and what contractual duties remain. A disputed invoice should be addressed through the agreement and evidence rather than assuming the appointment can be erased retrospectively.
Changes or revocation of a power of attorney also need suitable communication to third parties under the representation provisions. As a practical recommendation, obtain legal guidance on the notices needed for the intended transaction and arrange return of superseded authority documents. Keep the new instructions with the sale file and tell those handling the transaction where approval now comes from. The buyer should not have to guess whether a previously authorised representative still has power to commit the seller.
Broker tip: Record the transition, outstanding offers and money held. Deal expressly with representative authority and the return of superseded documents. Readers often go on to our guide on whether to use a yacht broker or a dealer in Portugal.
Broker photographing a boat for sale.
Revocation and exceptions
Practical support
Peter Mattey is a yacht broker at European Yacht Brokers with a BA in Law. He is not a Portuguese lawyer: for Portuguese law and tax we refer you to a locally qualified adviser. What we can do is help you plan the transaction, put the right questions to the other side and spot gaps in the paperwork before you commit.
If you are buying or selling a boat in Portugal, tell us about the boat and the area through the enquiry form on this page and a broker will reply. For anything this guide does not cover, email us at info@europeanyachtbrokers.com for the latest information.
The handover of a boat at the dock.
Your questions
Not simply because it is called a brokerage agreement. The actual powers and contract must be examined. The Civil Code distinguishes mandate to perform legal acts from a power of attorney granting representation. As a practical recommendation, ask the adviser to specify the authority for the proposed signatures and provide evidence to the other party before relying on a representative at completion. [Procuradoria-Geral Distrital de Lisboa]
It should identify who can approve the owner's response and whether the broker has any power to bind the seller. That is a practical drafting recommendation supported by the mandate duty to follow instructions. Keep asking-price changes and conditions in a recorded process. Do not assume a discussion about an offer authorises acceptance of every term the buyer proposes. [Procuradoria-Geral Distrital de Lisboa]
The legal and commercial terms determine how several intermediaries can be appointed. Article 1160 addresses multiple mandates for the same acts and distinguishes an instruction requiring joint action. It does not answer every exclusivity or fee clause. As a practical recommendation, identify the lead contact, approvals and handling of shared enquiries before instructing several people to proceed. [Procuradoria-Geral Distrital de Lisboa]
The mandate revocation rule has qualifications, including protected interests, and the Code also identifies compensation cases. Read the appointment's actual legal scope and clauses before cancelling. As a practical recommendation, record notice, account for outstanding work and funds, and deal separately with any power of attorney or third-party reliance on the representative's previous authority. [Procuradoria-Geral Distrital de Lisboa]
Yes, request an intelligible account where money is received or spent under the appointment. Article 1161 provides information and accounting duties for mandate. As a practical recommendation, match entries to approvals and invoices and identify funds still held. A marketing update alone does not explain the balance, and a remuneration invoice does not replace separate holding and release terms for purchase funds. [Procuradoria-Geral Distrital de Lisboa]
This guide only includes facts checked against official sources. For anything it does not cover, email us at info@europeanyachtbrokers.com for the latest information, and ask a locally qualified adviser to confirm the position for your own boat.
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Civil Code: mandate, remuneration, instructions, information and accounting duties.
Civil Code: expenses, termination and compensation; legal regime must fit the actual appointment.
Civil Code: proof of authority, powers of attorney, conflicts and unauthorised representation.
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