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Late delivery of property may stop the Justice

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




Delays in the delivery of property acquired in the plan are a problem for consumers. But before making any decision as to suspend payments to the builder and the risk of becoming guilty of an execution or an action for termination of contract, buyers should know their rights and seek in court.

According to the president of the Brazilian Institute for the Study and Defense of the Consumer Protection (Ibedec), José Geraldo Tardin, if the buyer finds that the work schedule is too late, you can make an action, go to deposit the value of the benefit of buying property in court and ask the judge to release only the values after delivery of the goods.

"Most of the contracts for the purchase of property have a clause variable delays in the delivery of ninety to 180 days. However, this clause is not legal, is declared invalid by the courts. There can be no delay in unforeseeable circumstances or force majeure. Even so, the consumer must be notified about what is happening. "

When the work is completed, the buyer who made the deposits in court can also ask a broker to make an assessment of rental price of the property. With this, you can get another lawsuit asking to receive the rents for the period of delay in delivery.

But when the work is on the verge of being completed, it is best to wait for delivery and later bring a lawsuit for damages. According to the Ibedec, compensation is usually determined by the Court between 0.5% to 1% of the market value of the property, multiplied by the months of delay.



Source: Paraná Online

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

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