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President Michel Temer sanctioned Thursday (27) without veto the proposal for an increase in the fine for which renounces the purchase of property in the factory.
The measure will be published in the edition of this Friday (28) of
There is no previous specific legislation in the matter, but the case law provides for fines of 10 to 25% the amount paid by the consumer in the property.
According to the Brazilian Official Gazette, it comes into effect immediately for new contracts. with the text approved by the National Congress, the developer can however withhold up to half that amount if the buyer decides to break the contract in a company built under the equity scheme.
By this scheme, the most prevalent in the country, the company's own funds are separate from those of the company;
Under the new law, the return of the other half to the consumer must take place within 30 days of the shipment of housing (occupancy permit). [19659002] In projects built outside the regime, the ceiling of fines falls to 25%, in addition to the brokerage commission. The payment to the buyer must be made in a single payment and within 180 days from the date of termination of the contract.
The regulation of the so-called distraction is the main claim of the developers.
"Construction represents a very large wage bill, the sector, in safety, must again employ and continue on the path of growth," said Luiz Antonio França, president of
The new law also recognizes that Developers have a period of 180 days to deliver the mobile, as of the date stipulated in the contract, without penalty of fine.
After this "grace period", the buyer is entitled to a full refund of the amount paid, in addition to the fine agreed in the contract. If you wish to wait until the unit is delivered, the consumer will be responsible for 1% of the amount paid to the developer for each month late.
Earlier this month, the House of Representatives upheld Senate amendments in November, editorial changes and new details providing legal certainty. The main change from the text voted in June in the House is that contracts must include a summary table showing the terms of the negotiations.
It must contain information such as price, brokerage fees, method of payment, monetary correction index. , "the interest rates and the consequences of breaking the contract"
"It's a benefit to the consumer, the idea is to clarify what is being processed Lucas Cardoso Gomes, Mannrich's partner and de Vasconcelos, also points out that the law expressly provides for a right of repentance of up to seven days for contracts signed on sales stands and outside the developer's headquarters, Lucas Paim of the CSMV Advogados office
"The result is positive. I do not see any violation of the CDC. [Código de Defesa do Consumidor] The law is important to make an extreme problem an objective. "According to Armando Luiz Rovai, a law professor at the Universidade Presbiteriana Mackenzie and former National Consumer Secretary, the law" leaves no doubt ", says Marcelo Manhães de Almeida, chairman of the city's urban development committee. OAB-SP
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" It is important to look at the productive side, but we must not forget the protection of the consumer, which is guaranteed by the Constitution. "
Guilherme Penteado, from Porto Lauand Advogados , notes that the issue may still generate noise in the judicial system.
"There is a gap to be crossed to evoke, for example, Article 413 of the Civil Code, which states that the sentence must be reduced uniformly by the judge if the principal obligation has been partially filled or if the amount of the sentence is obviously excessive, "he said.
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