Clipping of news on Brazilian Culture, Law and Citizenship
08.28.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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On the last day 14, the Court of Justice of São Paulo (Id) considered abusive charging brokerage fees, condominium fees before handing over the keys.
Understand the case: the magistrate Ana Lia Beall of the 3rd Civil Court of Sumaré / SP held, in Case No. 1008986-69.2014.8.26.0604, that the acquisition of a direct property with the construction characterizes legal relationship regulated by the Consumer Protection Code due to the existence of the supplier's figure, the consumer and the product acquired by signing a subscription contract, in which there is freedom of contract by the buyer, including the option to hire or not brokerage services and real estate advisory.
As for the condominium fees and water and sewage services, the judge noted that the collection of these are due from the delivery of keys and not the dispatch of "dwell up" unless the dates of these events coincide. "The requirement of the condominium expenses without providing features manifest unjust enrichment".
In purchasing property in plant sellers generally are employed by construction companies for intermediation and dissemination of the project. Thus conditioning the purchase and sale agreement for the acquisition of real estate advisory services and the payment of finder's fee is unfair practice prohibited by the Consumer Protection Code (CDC), although all information regarding are first passed to the buyer as , as decided, "the illegality focuses on the abuse itself and not the information deficiency."
Understanding the Procon-SP
Also for the Procon-SP, charges condominium, and water and sewage services, and the readjustment of the balance due can not be levied where the delay in delivery of the keys was not caused by the fault of the consumer. The transfer is improper, according to the CDC.
About brokerage, Procon-SP believes that the realtor is the professional who performs the negotiation between two parties: the consumer (buyer) and the supplier (entrepreneur / seller). The brokerage commission is paid by the service. Usually, it is the property of the seller responsibility for paying for this service, unless the buyer opted for hiring this professional.
Some construction companies transfer the obligation to pay the consumer brokerage commission. The Procon-SP understands that when the consumer goes directly to the place of sale (stand) for land acquisition can not be responsible for paying for a service that is provided to the contractor.
Source: Procon-SP
To access the Procon-SP site, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.