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8 rights as property buyers often do not know they have

07/14/2014

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The dream of home ownership can become a nightmare if the buyer does not know how to deal with some unforeseen events that may happen along the way, such as delay and defect in the work, and abusive fees and interest. (© Shutterstock)

The dream of home ownership can become a nightmare if the buyer does not know how to deal with some unforeseen events that may happen along the way, such as delay and defect in the work, and abusive fees and interest. 

According to Marcus Aurelius Light, president of AMSPA (Association of Borrowers of São Paulo and adjacencies), despite the information available, there is still more consumers aware of their rights. "Before, few buyers resorted to justice. Now, many are aware that it is essential to solve your problem, search the Judiciary. But unfortunately it takes a lot to improve protection for borrowers. "

Check out the following eight tips that authority prepared for borrowers 

1 - Delay in work 

If the work of the property late, time to go to court is five years. The period shall run from the delivery of keys or shipping the "Occupancy Permit". The property owner can claim the payment of fines and more than 2% default interest of 1% per month for the delay, since the first day of non-compliance with which was established in the contract for delivery of the property. Furthermore, it is compensation for material and moral damages and loss of earnings, ie that the injured left to win or lose an expected profit 

2 - Defect in construction 

In the case of visible defects in the property, up to the consumer to use an action called "Duty to Make" against the construction company. The deadline for complaints of broken doors or badly painted walls, among other repairs, is 90 days after the delivery of the key. As for the hidden defects, the complaint must be made within one year. If the developer does not solve the problem, the buyer has up to 20 years to turn to the courts, as decided by the Superior Court. The application shall be accompanied by a technical report from an engineer detailing the error 

3 - Unfair Rates 

For consumers harmed as the Sati (Technical Advisory Service Agent) and the broker's commission, the deadline for claiming in court is three years and started after your full payment. In this situation, it is returning the money double, plus monetary correction and interest. The refund must happen once in 15 days. After the deadline, focuses additional 10% fine and if not paid may be seized assets of the estate or construction company 

4 - Interest undue 

For those facing problems with charging interest on interest, time to go to court is five years from the expiration of the contract. In this case, it is essential to request the judicial sphere, based on the jurisprudence of the Supreme Court and the Federal High Court, the recovery of financial charges, even those who have already paid off payment of property 

5 - Film 

If the survey is proven that there is any difference in the size of the compartments of the property, more than 5%, the homeowner may require the complement of the area, the reduction in the amount or terminate the contract. When the amount is returned, the refund shall be made in cash, plus penalty and interest. Moreover, indemnity, moral and material damages and loss of earnings may also be included 

6 - Termination of contract

To cancel the agreement by staff, delinquency or even regret problem, the homeowner has the right to get back 90% of the amount already paid and at once. Already the termination occurs due to the delay in the work or irregularity in the project, the owner should receive 100% of the value with the appropriate corrections 
 

7 - Collection of the condo before receiving the keys 

When the resident does not have possession of the property, it is the obligation of the contractor to bear this cost. The value can only be passed on to buyers when those are in possession of the keys. To solve the problem, the consumer has two options: the first is to resort to the courts to suspend the payment of installments and deposit them in court. The other is to continue paying the installments and then file a lawsuit asking for compensation for double values 

8 - Updating of interest before delivery of the property 

During construction property can be only updating the value based on the INCC (National Index of Construction). The compensatory interest, which usually revolve around 1% per month will focus on the outstanding balance only after receiving the keys or shipping the "Occupancy Permit". If the contractor fails to comply with the contract, the consumer has the right to demand back the amount charged more in benefits



Source: Msn.com

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