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Consumer rights to withdraw from the purchase of a property

09.30.2015

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

 

 

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Time to ask for the dissolution

MB EXCLUSIVE Rio de Janeiro (RJ). Construction. Building under construction in Edificio Barra CEO RJZ / Cyrela. Via Park Avenue s / n.Fotos Custodio Coimbra Photo: Custodio Coimbra / O Globo Agency

Delay in the work, excessive increases in benefits or the balance due, reduced income and unemployment are some of the reasons that have caused real estate contract termination. Check out the guidelines of the Association of São Paulo and adjacencies Borrowers (AMSPA) for those wishing to apply for termination of the well and have the amounts paid refunded.

When ordering the dissolution

MB - 09/12/2015 - Rio de Janeiro - RJ - Client signing a real estate contract in real estate agency Photo: thodonal - Fotolia

According to AMSPA, who edited a textbook on the subject, the consumer can withdraw from the contract at any time until the delivery of the keys, when there is still no bank financing for the payment of the final installments. The exception is when the buyer makes direct financing with the construction company.

Notifying the builder

MB - 05/23/2015 - Rio de Janeiro - RJ - Housing projects in the plant in the salvage yard Hiperimóveis 2015. Photo: Disclosure

Before you stop paying property benefits, notify the creditor of his decision. If necessary, take their claim to court. There you can request authorization for the suspension of future payments and to refrain from having the name included in the credit protection agencies.

Used property

NIT Rio de Janeiro (RJ) 06/04/2011 - Test Niteroi .The beach of Icarai. Photo Peter Kirilos / Agência O Globo. Photo: Peter Kirilos / Agência O Globo

In the case of property used, termination may be made only if it is determined construction of addiction (default) hidden. The deadline for both is one year, starting from the information of the irregularity to the seller. 

Return value to the borrower

Real notes Photo: Bloomberg

The calculation of the amount to be refunded should be done about the amount paid to date of cancellation of the deal. The customer is entitled to receive 85% to 90% of what was actually paid. In addition, the borrower should receive the money in a lump sum with the necessary monetary corrections. If the termination is for the exclusive construction fault, either

How much is the construction?

Photo: Andrew Harrer / Bloomberg News

Upon termination of the contract, the contractor may only make the retention between 10% and 15% of the amount paid as administrative expenses. The discount above that amount set unjust enrichment.

Nothing out of court settlement

No agreement in court Photo: Free Image

 The dropout should take care to not sign any out of court settlement with the builder, and doing so, there may be clauses in the document that prevent recourse to the courts. 

Irregularidadees the contract

Contract signing Photo: Archive

Even in default, the borrower may request the termination of the purchase agreement. However, it is important to emphasize that to give up the business, the consumer should seek help to ensure there are no irregularities in the contract.

 

Source: The Globe

To access the site O Globo, click here.

 

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

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