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Customers win in court if property rental payment delay

04/03/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.


 



The courts have consolidated understanding that the contractors who delay the delivery of real estate should not only accept the cancellation of the contract, return the amounts paid, pay compensation for moral damages, and also reimburse the expenses that the consumer had with rents because the delay.
 
This has been the answer to the growing demand of justice cases of customers who complain of late delivery of houses and apartments.
 
Only Borrowers Association of São Paulo and adjacencies (Amspa) sent to court 815 cases in 2012, 29% more than in 2011, when it filed 632 actions.
The discussion about the possibility of the construction company be ordered to pay, in addition to the fines provided for in the contract, the other losses caused to customers due to the delay in delivery of the property, it was very controversial until the cases began to arrive in the Superior Court of Justice (STJ).
 
To express themselves on the subject, the Supreme Court decided to order a builder to pay the fine and also reimburse the customer for the rental that he failed to receive by not having available the apartment and thereby earn income. This recent decision in January this year, has been the north of all courts in the country.
 
Although the decision has not resulted in jurisprudence defining decisions of lower courts, she has been a major rationale used by courts to recognize a threefold advantage for consumers: requiring the cancellation of the contract in case of delay, the exemption of fines and compensation damages (such as rents that would have been received from tenants or the amounts spent on rents due to non delivery of the property).
 
Consumers have rights recognized in Justice
Vanessa Abreu is one of the consumers who succeeded in court that the construction arcasse your rental expenses up to the delivery of the property.
 
She bought in January 2009 for an apartment that should have been delivered in December 2010. However, this only occurred almost a year later, in November 2011.
 
As the delivery of the property was made, Vanessa chose to stay with the apartment, but that has not stopped the builder was ordered to reimburse the expenses that the customer had to rent during the period of delay, plus a compensation of $ 10 000 per damages.
 
Thais Almeida and Oswaldo Almeida, fearing delay, decided to be cautious and marked the wedding date to one year after the expected delivery.
 
The purchase was in 2007, delivery scheduled for 2009, and the marriage in 2010. However, the slow pace of works overcame caution and prevented the couple's dream marriage come along with home ownership.
 
Why not be able to rent another property, the couple remained living in separate houses after marriage. That made the Court of São Paulo (TJSP) condemn the builder to compensate the couple for £ 15 000 for having "stopped the newlyweds they lived daily under the same roof, which caused them great frustration and sadness ".
 
The Procon São Paulo, in 2012 received 5100 complaints against builders, 17% more than in 2011. Of these, 125 were registered as "non-delivery of property."
However, this number could be much higher, since some cases of delay in delivery were registered as "breach of contract". Together, these two types of complaint come to 1936 (37% of total claims involving construction)
 
Consumer is entitled to withdraw from the business, but may lose money
Specialist in Real Estate Law Rodrigo Karpat says quitting the business is a right which the consumer can exercise at any time. The point is that, depending on the reason that led to the withdrawal, it may lose money.
 
"Even if the builder does not give reason for the cancellation, the consumer can request it since let go of 10% to 20% of the business. This value is provided in the contract," says Karpat.
 
Some builders even provide higher values, but they have been deemed abusive by the courts.
 
In case of delay in delivery of the property, the consumer is entitled to receive compensation, the Court has set at 1% of property value. Additionally, the client may request termination of the contract at no expense.
 
The attorney Flavio Henrique Leite says that one of the alternatives to force the builder to deliver the property is suspending payments, but before that the customer must make a statement to the company.
 
Milk also says that the builder can not change without the consent of the client the essential conditions of the contract, such as design or delivery.
 
CARE IN TIME TO SIGN THE CONTRACT OF YOUR PROPERTY
 
CONSTRUCTION OF THE PAST
See if there are legal actions and complaints to consumer protection agencies
 
OTHER ARTICLES
Visit projects ever built by the company and find out if the deadlines were met. Ask the builder about the reasons for delays
 
FLYER
Keep everything: brochures, posters, notes made by the seller, information provided by e-mail. Can serve as evidence in a lawsuit
 
DEADLINES
The clause allows a delay of grace beyond the initial forecast. They are usually 180 days
 
CONDOMINIUM
In the first months, the condominium's common to get more expensive because you have to create revenue to deploy additional items of equipment such as exercise room
 
GARAGE
Check the contract if the parking space is private or common use
 
DOUBTS
That single paragraph that you do not understand can make all the difference.
Get all your questions to the seller and find it necessary to consult a specialist
 
 


Source: Uol - News

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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