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STJ: Buyer shall receive 90% of what was paid for the property in the plant

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Decision ensured the compensation the borrower Brasilia who had achieved favorable judgments in instances inferiore

Rio - Home buyers in the plant are entitled to 90% of the amount paid by the unit financing in the event of termination of contract with the construction company, called dissolution. Minister's decision Ribeiro Moura, the Third Chamber of the Superior Court of Justice (STJ) guaranteed compensation to a borrower of Brasilia who had already achieved favorable judgments in the lower courts.

The construction of the client filed a lawsuit challenging the terms of the contract which provided that the purchaser's withdrawal for termination represent a loss of 40% of the total already settled. The trial judge decided in favor of the consumer to argue that a deduction of 10% "is sufficient to cover any losses."

The construction company appealed to the Court of Justice of the Federal District (TJ-DF), which upheld the first-degree sentence. The Minister's decision Moura Ribeiro will be further evaluated by other judges of the Third Chamber of the Supreme Court.

 

Source: The Day

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

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