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In order to enhance legal certainty in the acquisition of real estate and subdivisions, Law 13,786 was approved in December 2018; it amends Article 2 of Law 4 591 (Companies Act) which refers to the rights and obligations to buy and sell real estate and land. This amendment added sections 35A, 43A and 77A to the Act.
The purpose of the Act is to penalize the settlement of a contract or subdivision relating to the purchaser's real property – Real Estate Distortion – creating rules about values that may be retained by the founders, as well as those that buyers should receive, among other relevant issues.
With the amendments to the law, contracts for the purchase and sale of real estate became revocable. According to Article 35A of Law 4591 (Companies Act), in sales contracts must be presented in advance the total amount paid by the property: the value of the registration, the method of payment, the value for brokerage, the index the consequences of the dissolution of the contract, the interest rate, the right of repentance, the duration of the service after "living", which is the housing certificate issued by the town hall, the information relating to a charge that
Gilmar Pereira Custódio, lawyer, specialist in real estate law and director of legal affairs of the Real Estate Market Association of Espírito Santo (Ademi-ES)) and member of the Property Law Commission of the OAB-ES, explained that the consumer is better protected. "The law authorizes the delivery of the work within 180 days of the stipulated date.If the manufacturer does not deliver the delivery, the amount paid by the customer must be returned in full, or, if the customer prefers to keep the contract, he will have the right to a remuneration of 1% of the amount paid to the buyer, for each month of delay ", states
In the event of dissolution of the contract because of the consumer, the lawyer explained that". he would receive the reduced amounts paid, with a fine of 25% of the amount paid if the property is ready. You will still have to pay the property taxes and a half percent of the present value of the contract if he takes advantage of the property. "In the case of a property without a company, it is subject to a scheme of badignment, the fine will reach 50%, according to the expert."
In his opinion, the restitution of the remaining amounts should be made in a single payment with a delay of 180 days from the date of the dissolution of the contract.
For the purchase of allotments, the lawyer explained that the rules of the contract are basically the same, with difference in the breach of contract. "Law 6.766 has introduced Article 26 A, which states that in case of contractual resolution of the acquirer, he shall be entitled to receive the amounts paid with a 10% fine, a condition This payment must be made in 12 installments and, in the case of an allotment in progress, payment must be made 180 days after completion, and for an allotment loan, in 12 months after the termination of the contract ", explained the specialist, noting that this procedure does not apply to the sales contract.
For those who are considering buying a property after the validation of this law, the lawyer gives the indication: "The buyer must thoroughly badyze the conditions of the company before entering into any contract. lawyer to badyze the conditions Consultation with the professional is important because the lawyer will be able to verify if the contract is in accordance with the law, giving the client the security to sign a contract taking into account his rights and duties And so, avoid future problems related to the buying and selling procedure, "he concluded.
Via eshoje.com.br
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