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Properties: delay in delivery of works can generate compensation

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




 
SÃO PAULO - Many people do not know, but buyers of property in the plant, whose delivery was made out of time, may come to court and claim an indemnity.

According to Ibedec (Brazilian Institute for Study and Defense of the Consumer Relations), the deadline for proposing action compensation for delay in delivery of work is counted up to five years of delay, which, according to authority, makes it consumers whose buildings have been delivered, but after the deadline, it may come to court.

"There are builders with more than two years of delay in delivery of the works, and consumers who purchased a building to get rid of rent or for investment is in the loss. Most contracts of sale of property in the plant provides for the provision of grace delivery of the work, without proof of any fact. This puts the consumer in a situation of complete imbalance in relation to the company, which prohibits the CDC, and Justice has stated no such clause, "says the chairman of the Institute, José Geraldo Tardin.

Indemnities
There are two paths you want to bring to justice: the individual and collective. First, the consumer move a showing and advertising where the contract contains a promise of delivery time and confront this term with the current stage of the work or the effective date of delivery.

In the second, consumers in the same building or condominium can find a consumer protection organization that represents through a single action. The advantage in this case is that consumers do not need advance fees or expert fees, if this is necessary.

According to the Ibedec, claim an indemnity in case of delay is a right of future owners and is normally set by Justice in 0.5% to 1% of the market value of the property, multiplied by months of delay in delivery.

Another option for consumers is to seek the termination of the contract by the default constructor, which would have been entitled to receive back 100% of amounts paid in addition to seeking damages for breach of contract.

In plant
According to experts, buying a property in plants can be between 20% and 25% cheaper than the purchase of an apartment or a house now ready. However, this type of purchase requires some special care, as a warning to Tibério Construction and Incorporations:
Firstly, we know that the responsibility for the delivery and completion of all items specified in the memorial is the incorporation of the embedded business and not the builder, as many believe. That's because she can hire third parties to build, sell and manage the property.


See what the relationship of buildings already constructed by the company to verify the quality of works. Thus, it is possible to make sure that those responsible are registered in CREA (Regional Council of Engineering, Architecture and Agronomy), and whether to incorporate has experience, strength and enough time in the building industry, as it relates to the knowledge in this area and her commitment to the customer;


Also important is whether the incorporated and punctual delivery of the work. Before signing the contract, read it well and see what the deadline for completing the project. The launch by the delivery of the keys, the enterprises usually take 18 to 30 months for delivery, depending on, among other things, the size of land and number of towers;


In the hall, seek the approval of the plant. This confirms that the work is allowed to be built. Then check the registry for registration of property if the merger is duly recorded, with particular attention to the plant, the film, the total area and private, in addition to the specification.


Source: InfoMoney

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

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