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The House of Representatives approved on Wednesday (5) the Senate amendments to the draft law n ° 1220/15, which concerns receivables in case of withdrawal of property, called real estate distraction. The proposal, drafted by MP Celso Russomanno (PRB-SP), had already been approved by the House in June and submitted to the Senate, where the text of had been amended . It required a new vote of the members.
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Among the strong points approved on Wednesday are amendments clarifying the contracts and some editorial corrections to the text. If the buyer leaves the company or stops paying installments of the property, the construction company or the company responsible for the work will receive up to 50% of the sums paid. by the buyer.
However, this percentage can be retained only when the company's own funds are separate from those of the construction company – a mechanism called the capital of the badignment. If the company does not secure its badets in this manner, the developer will have a fine equal to 25% of the amount paid if the buyer abandons the property.
In the case of subdivisions, the retention can reach up to 10% of
Return of values after the completion of the work
When the company separated the equity, the return of Values to the buyer who abandons the purchase must be made only 30 days after the issuance of the "home" property, once the resources are considered indispensable to the completion of the work. In other words, if you bought a property in the factory, you will have to wait for the work to be completed before the money can be recovered.
The restitution of the amounts paid in real estate comprising property mixed with those of the construction company must be made 180 days after.
If the buyer signed the contract outside the headquarters of the construction company, but will repent, he will have up to seven days – from the date of signing – to apply for the refund of all amounts paid.
In addition, the project approved Wednesday establishes a delay tolerance for the delivery of the project by the developer up to six months after the scheduled date. contract, without obligation to pay a fine or possibility of termination of the contract by the buyer.
After six months of tolerance, the contractor shall be liable for:
In case of delay in the delivery of the work over six months, the buyer may opt for the cancellation and the return of the total value of the goods to the buyer, corresponding to 1% of the amount actually paid by the buyer, for each month of delay. paid to the construction company, adjusted by the index provided for in the contract.
Payment must be made within 60 days of termination. In this case, the buyer will not be entitled to a fine of 1% on the amounts paid per month of delay in delivery.
(* With Agencia Câmara News, Estadão Content and Reuters)
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