Understand what changes with the project that increases the fine for those who abandon the property of the factory | Economy

The proposal was approved by the Chamber of Deputies on Wednesday (5) after being amended by the Senate.

See the main points modified by law.

Previously, the builders were with 10% to 25% of the value paid by who renounced the property. purchase of the property from the factory.Now, the fine may increase.If the buyer leaves the company or stops paying the installments, the construction company or the The undertaking in charge of the works may retain up to 50% of the money already paid by the buyer up to the withdrawal .

The amount paid as If the property has already been delivered, the buyer who waives payment will also have to pay the taxes and condo fees related to the delivery.

Which property is affected By the & # 39; higher fine

A fine of up & # 39;? 50% s & # 39; applies to properties of the alleged scheme & # 39; fairness. That is, properties that are not listed as the equity of the construction company – in this case, the company opens a business with CNPJ and accounting to manage l & # 39; company. Most of the contracts in the country today are in this modality.

When the real estate is in the name of the construction business, the fine will have a lower limit: up to 25%.

Can the contract provide for lower fines?

Yes. Construtora and the buyer may establish conditions different from those provided by law, provided that this is done in a specific distraction instrument.

Is the amendment valid for contracts already signed?

No, old contracts will not be subject to a higher fine in case of return of the property. The rule will only apply to closed contracts after the law comes into force, explains real estate lawyer Marcelo Tapai.

What is the time limit for the construction company to return the money?

The new law provides that in cases where the property is in the equity regime (where the fine may reach 50%), be returned within 30 days after the same receive the inhabitant.

Once the properties are in the name of the construction company, payment must be made within 180 days of the termination of the contract.

If the returned good is resold by the construction company before the deadline for the return of the money, the payment will be made in advance: it will have to be made up to. 30 days after the new shipment. sale.

What happens if the buyer "goes through" the property?

If the purchaser who withdraws from the property presents another interested party, the contractual penalty will not be paid, provided that the developer agrees and the borrower who badumes the property has approved the financial capacity . Of the duration for the payment of the refund, the amount to be returned to the buyer will be paid within 30 days of resale.

If the purchase is made in a sales booth and outside the developer's headquarters, the buyer has a period of up to seven days to waive the l & # 39; 39 purchase and recover the entire transaction. amounts paid, including brokerage fees.

What happens if the developer delays delivery?

The law also legalizes the six-month tolerance for builders to deliver the good without paying a fine to the buyer – as long as this is established in a contract.

After this period, the buyer has the right to request the rescission of the contract with the right to restitution of the corrected amount paid, plus a fine agreed in the contract, which must be paid within 60 days.