Clipping of news on Brazilian Culture, Law and Citizenship
05/20/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Mariana Branco
Brazil Agency reporter
Brasilia - Never Brazilians had access to both credit and facilities for purchasing their own house. But in the excitement of signing the contract, many consumers overlook details that can turn a headache in the future and to force the return of the property.
Buyers should be aware, for example, the risk of the bank not to release the funding that will enable to honor the debt with the builder or the value be altered and stay above their ability to pay.
Also, need to take into account that have considerable expense to notary fees and banking, as well as items such as furniture and change. Entities consumer alert to the need for the buyer to be aware of, since, interested in closing business often brokers and builders fail to provide information about.
"We're having a lot of complaints, because it happens that the highlight and property do not fit over the credit limit that the buyer proposes to take," explains attorney Tardin Gerard, president of the Brazilian Institute for the Study and Protection of the Consumer Relations (Ibedec .)
According to him, a typical case has been the property having value exceeding £ 170,000, funded by the limit Minha Casa, Minha Vida in capitals. In this case, the consumer no longer has access to low interest of the program and the benefits go up. According Tardin in type events, the buyer can seek justice in cancellation of the contract and try to get back the amounts disbursed.
"There is still the possibility to file a lawsuit against the obligation to make the case [Federal Economic, financial agent of the Minha Casa, Minha Vida]. If the market valued the consumer is not at fault, "he says.
For the lawyer Maria Ines Dolci, coordinator of the Brazilian Consumer Defense (Protest), there must be pressure on companies involved so there is more clarity in the negotiations and in the text of the contract. "The consumer has to be very aware of the risk and must be predicted what will happen and what values will be returned if the funding is not released," he explains.
According to the lawyer, the purchase and sale between the consumer and contractor must also inform cost effective total amount involved in the transaction. "All charges, which focuses all liens must be paid. If the consumer does not realize that, can ask questions, seek the Procons or Justice" reports.
Following the first phase and released funding, the buyer needs to prepare for the notary fees and banking. Costs notary fail to be informed in the contract, because they are calculated later by the municipal government and state.
Who funded the well must bear the tax on the Transfer of Real Estate intervivos (ITBI) and registering property. In such cases, the contract with the bank now amounts to a deed. Who paid for the view, however, must still pay the fee for preparation of a deed.
Together, these fees, which are based on the value of the property and the calculation of which varies according to the location of the country, can reach 3% to 5% of the cost of homeownership. Furthermore, depending on the bank that will finance, charges may apply for registration and opening credit, among others.
The financial educator and therapist Reinaldo Domingos, president of the Brazilian Association of Educators Financial (Abefin), emphasizes that these costs can shake a budget contigenciado and that, therefore, the ideal is to plan ahead and build a reserve.
"Remember that the plant has no property in cabinets and other improvements. Our system is not like in England, in which it is financed 100% of the value and still have credit to furnish. Has also predict that spending on change, condo , property tax [Urban Real Estate Tax]. All this has to be the object of analysis long before [the purchase]. Not only what you spend in the beginning but also the day to day of the new house. Otherwise, the risk is get into financial distress or even return the property, "he says.
Second Sunday in saving tip is to make an estimate of total expenditures, assess how far to reach the amount and diagnose as it can be set aside each month to make ends meet. "It has to start to seek a reduction in spending and excesses. Gather all the family and improve the performance of the family budget," he suggests.
A right that many Brazilians do not know that it exists and can relieve the heavy disbursements involving the purchase of a property is the 50% discount on registration for notary who is buying their first home by the Housing Finance System (SFH). The benefit is provided in Law 6015, 1973, and applies to the territory.
To receive the rebate, just be stated in the purchase agreement that it is the first property. The purchase of real estate within the Minha Casa, Minha Vida also entitles you to reduced costs. The Real Estate Financial System (IFS), however, governed by a law other than that regulates SFH - the system allows real estate fund over $ 500,000 and does not include use of FGTS, among other differences - not entitled to abatement.
According to the Association of Notaries and Registrars of Brazil (Anoreg) if the notary refuses to grant the discount due, the customer may file a complaint with the Internal Affairs Division of the Court of the Region.
Editing: Davi Oliveira
Source: Agency Brazil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.