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Real Estate: consumer has up to three years to claim in court on charges

20/07/2012

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

 

 


 


SAO PAULO - Consumers should be aware with the term to go to court over unfair fees, such as Sati (Technical Advisory Service Property) which includes the commission of the brokers charged on mortgages. According AMSPA (Association of Borrowers of São Paulo and its Surroundings), the borrower has up to three years to claim in court on charges unfair.

According to the counsel of AMSPA João Bosco Brito da Luz, the period starts to run after your full payment of the fee.

Have to interest or other improper billing inaccuracies in financing the time to go to court is five years from the termination of the contract. "It is important that the borrower has a help of an expert to warn about the mistakes of his contract for the purchaser the right to pursue their rights," says Luz.

Delays in work
In cases of delays in the works, time to go to court and also five years. The period begins to run from the delivery or shipment of the keys "to dwell", which is the charter of the municipality authorizing the construction work and residential property.

"The landlord may claim, the Judiciary, the payment of a fine of 2% plus default interest of 1% per month for the delay, since the first day of not meeting the deadline, established by contract, for delivery of property, "says Luz.

According to AMSPA in the case of levying illegal funding, if the consumer recourse to the judiciary is entitled to receive back the full amount plus double indexation, interest, and be reimbursed for actual damages, as determined by
Article 42 of the Code of Consumer Protection.



Source: InfoMoney

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

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