Clipping of news on Brazilian Culture, Law and Citizenship
04/18/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Experts say that the return of what was paid can be almost full
Source: The Globe
Caroline Correa property given up in December last year and struggled - Antonio Scorza / O Globo
RIO - In times of crisis, with rising unemployment and decreased income, many families are forced to cut costs with goods and services. The increase in cases of dengue and zika is also leading consumers to give up trips. Experts advise to do the cancellation of any contract in writing, preferably with a filed copy. If done by phone, you should note the date, time, company name attendant, and especially the cancellation protocol, advises José Ricardo Ramalho, lawyer specialist in consumer law. He recalls that the fines for withdrawal can not exceed 10% of the contract if no service has been provided.
Property: budget squeezes and borrower cancels purchase
Caroline Correa, 30, realized the dream of buying his apartment in the plant in December 2012. During the works of the project, which is in Piratininga, Niterói, Caroline left the job, got married, she got pregnant and the budget was tighter. It was then decided in December last year to give up the property, which was not easy.
- I was paying the installments with great difficulty. I did the math and concludes that more would be worth doing the termination than pass on funding to another buyer. How not answer me, I panicked, thinking that the company had failed and I would not get my money back.
Caroline's property plenteous dropout list in late 2015 and early this year. Survey of the Brazilian Association of Real Estate Developers Real Estate (Abrainc) and Fipe shows that between November 2015 and January this year, dropped buyers of real estate 11,854 units, up 6.9% from the same quarter last year. In January, 2,804 were canceled contracts.
Lawyer specializing in real estate, Hamilton Quirino recalls that the consumer can withdraw from the contract at any time until the delivery of the keys. The parties amicably, undo the contract, return of part of the amount received. Upon termination, the borrower should get back 85% to 90% of the amount paid. If there is delay in property delivery or excessive increases in benefits or the balance due, the buyer may require the judicial termination, return of everything paid, plus monetary correction and interest.
When the buyer loses income or is unemployed, if you become a defaulter, be subject to the rules of engagement and may lose even part of what paid.
- Nothing prevents, even in default, there is agreement between the parties - says Quirino.
Travel Package: different rules for each situation
In the packages, which are usually paid in advance, purchases made over the Internet or telephone can be canceled at no cost and with full money back since until seven days after purchase. The Brazilian Institute of Consumer Protection (Idec) reminds us that, if the time for the trip is less than the seven days of the purchase date, the withdrawal must be communicated in a period to allow the sale of the package to other consumers. In physical stores, there is no right of cancellation: the withdrawal must be negotiated directly with the agency. The fine in these cases may not exceed 10% of the contracted value, under penalty of being regarded as unfair.
In exceptional situations, such as health crises, the legally provided penalty can not be applied. To cancel the trip, the customer should ask for the full refund of amounts already paid.
It was due to illness the lawyer Renato Soares canceled a travel package to Gramado, Rio Grande do Sul, last November. On the eve of the trip, his son was hospitalized with dengue. With the medical report in hand, Smith contacted the Inn Florence to cancel the package, but was unsuccessful. Despite having been warned when making the reservation that in case of cancellation, would not be refunded the value of the signal, the lawyer insisted that the hotel management:
- They understood that it was an exceptional situation, and turned back. They proposed me to return 80% of the signal, and accepted.
Pousada Florence reported that the values returned attended what determines the law.
Consortia: reimbursement depends on the date of the contract
The consumer who withdraws or is excluded from a consortium group is entitled to full refund of the amounts paid to amortization title, excluding fees and administrative charges, explains Idec. The deadline for receiving the money will depend on the date the contract was signed and the consumer gave up or was deleted. For contracts concluded before the effective date of the New Law Consortium on 5 February 2009, it is understood that the quitter or deleted consortium must be repaid 30 days after the end of the group. Who hired consortium after the enactment of the new law and has been deleted, do not expect the end of the group to receive, it can be compensated to be raffled. For dropouts, there is no deadline for repayment.
Courses: reimbursement depends on the number of classes attended
There is no deadline for the student to give up a free course or language. What changes, depending on when the withdrawal is communicated to school, is how much will the refund of amounts paid. If the student formalize the withdrawal of the course before the start of school, the value of the tuition will be refunded. If the classes have not yet started, the student has the right to receive either the value of enrollment as of early tuition. If classes have begun, no refund or registration or tuition fees for the period already taken.
If the withdrawal occurs before the start of the course, the fine should be calculated only on the value of registration. If the student drop out after the start of the school year, the calculation of the fine shall be made on the value of the remaining months to the end of the year or semester.
Academies: to cancel, attention to plots that have already been paid
If the consumer can not pay more the gym and need to cancel or semi-annual contracts, should check the plots that have already been paid. According to the Consumer Protection Code, the Academy is authorized to charge a penalty if the student you want to cancel your contract plan. In the view of IDEC, the fine may not exceed 10% of the amount proportional to the remaining months until the end of the contract. If payment is made every month, it is important to communicate the waiver before starting the period on the renewal of the month. The student must give written notice of intention to cancel the contract.
Source: The Globe
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This article was translated by an automatic translation system, and was therefore not reviewed by people.