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Consumer can withdraw from the purchase if delay delivery of the property

23/07/2013

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

 

 




With the Brazilian real estate market heated, increases the demand for real estate purchase and this can cause the builders fail to deliver the house or apartment within the period stipulated in the contract. I

But that can not only generate frustration of plans and expectations for the person who wants to get out of the rental, the home of the parents or is the wedding date marked near the key delivery.

The delay in the delivery of the keys implies lawsuits against builders and developers, the buyer is entitled to compensation for property damage, based on the financial loss he experienced. The Procon-SP gives ten days to answer the builder to the buyer, after that time if no response from the company, the more accurate is to seek expert legal advice.

All purchase and sale of a property provides a series of fines and application of interest if the buyer will delay some of the plots, but they do not provide is a fee to builder and developer, if not the the work is delivered on time. In this case one can ask for in court the same penalty that the consumer would pay if he delayed the payment of any of the installments.

The Consumer Defense Code also allows the buyer to give up the purchase of the property, and receive all money already paid back. According to Dr. André Vinicius Hernades Coppini, specialist in Business Law and Consumer Law Office Pedro Miguel Advogados Associados, the values should be paid in cash and not in installments, as some builders proceed.
"If the consumer wants to withdraw from the purchase due to undue delay in the work, you can ask for the return of the installments paid, adjusted for inflation, plus interest on arrears," concluded the lawyer.


Source: Modern Consumer

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

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