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Acquisition of Property: the dream that can turn nightmare

01/07/2014

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

 

 



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One of the most important things in people's lives in general, is housing. Having a home, whether due to marriage, divorce or just to have independence, is one of the recurring desires of all. And today, in Brazil, we live a phase, by appearance, it may seem magical, like easy credit and attractive interest rates, if we consider the Brazilian economy before 1994, when the Real Plan - the oldest and remember well experienced rampant inflation, interest of over 80% per month, but that, as they say, is passé
 
However, you need to take some (or many) care when purchasing a property, especially if the option for a property in the plant. There are a number of advantages in buying this type of property, starting with the price, a little more attractive than the property ready to live. You can also get good financing all or part of the property value, which can be very convenient.
 
But consumers should be aware, starting with the built in contract costs. You need to check not only the interest rate but the total actual cost of the contract, which covers all the expenses that will be paid by the consumer - and it is important to note that general contractors are required to inform the consumer about these costs, which often does not occur.
 
Another key issue is to verify the suitability of the contractor. Unfortunately, it has been very common or even delay the final stoppage of the works, which causes immense inconvenience to the consumer. In case of delay, the financing agreements usually have a clause which states that within 180 days of delay (taking into consideration the date set for the delivery of property), there is no consequence for the builder or the developer. This clause has often been perceived as unfair, given that delays can indeed occur, they are justified - as in the case of unpredictable periods of intense rainfall or prolonged and general strikes in the sector.
 
In such cases, the consumer has the right to request termination of the contract, with the contractor and the developer required to bear the losses caused to the consumer, not just with the refund of amounts paid, but also with rental costs - the consumer come to bear on account of delay in delivery of the work - or even bearing the payment of the equivalent of a monthly rent on the property should be delivered from the date that the delay occurred. This is because the consumer is left to enjoy the property from the date on which delivery was established.
 
Upon termination of the contract, the consumer is entitled to the return of all amounts paid. There are judicial decisions allowing suppliers to deduct only the administrative costs that may have had and which prove, however, as the delay occurs through the fault of the suppliers, it is common to have the conviction to the return of all amounts paid.
 
Can also occur on the consumer, due to job loss or drop in purchasing power for whatever reason, can no longer afford the installments of funding and decide to terminate the contract. In these cases, it is very common to have the discount for administrative expenses proven by suppliers. However, retention of the broker's commission is a somewhat controversial issue, considering there are decisions to the effect that these values can not be retained, because the consumer has not hired the broker and can not afford such a cost - which characterizes bundling, a practice prohibited by the Code of Consumer Protection. However, no decisions authorizing the retention of these values, which are understood expenses from the contract and, therefore, may be retained.
 
One of the arguments against the retention of administrative costs is that the property will be sold again to another person, without being devalued - unlike, which ends up happening is the valuation of the property during the contract. However, as said, everything depends on the arguments used by both parties and the interpretation of the judge in this case.
 
The fact is that contracts of purchase and sale of property by funding must be thoroughly analyzed, from the financial issues involved even (and especially) legal. It is important for consumers to try to determine the suitability of the builder and developer - can be through internet search and Procon site - as well as check all the values that are being charged by checking the impact of these values on the total amount financed . Also worth checking the progress of other works of construction, they are "healthy", ie, according to the published deadline, if there is a condition of being, in fact, delivered.
 
Acquiring a property is something that, for many, a dream is not so far away now. However, for this does not turn into nightmare, described the care must be taken. When in doubt, consult an attorney. And good luck with the realization of the dream of homeownership.


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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