Post by account_disabled on Mar 13, 2024 4:25:56 GMT -5
With the publication and validity of Law 13,786 /2018, known as the Termination Law, there were relevant changes to Law 4,591 /1964, which provides for condominiums in buildings and real estate developments.
Among these changes, it is worth mentioning the one that gives the purchaser the valuable prerogative of repentance, already set out in the Consumer Protection Code , but now explicitly applicable to real estate contracts.
It is worth mentioning that the B2B Lead aforementioned legislative innovation also brought the provision that purchase and sale contracts, as well as purchase and sale pacts, are irreversible and, once registered, confer a real right that can be enforced against a third party. This new legal aspect of such real estate pacts creates barriers to whether or not the buyer or seller regrets the deal, whether motivated or not, and results in the attribution of a definitive character to these adjustments, except in the event of cancellation due to default.
However, the Consumer Protection Code provides for the so-called right of withdrawal within seven days of signing or receiving the product or service, with full and immediate refund of the amount paid, as long as they are purchased outside the commercial establishment, as happens , for example, with services contracted over the internet or by telephone:
Art. 49. The consumer may withdraw from the contract, within 7 days of signing it or receiving the product or service, whenever the contract for the supply of products and services takes place outside the commercial establishment, especially by telephone or at home.
Single paragraph. If the consumer exercises the right to repentance provided for in this article, any amounts paid, in any capacity, during the reflection period, will be returned immediately, monetarily updated.
The change brought in article 67-A, paragraph 10 of Law 13,786 /2018, in turn, establishes the right of withdrawal under the terms already outlined in the CDC , for the acquirer, in situations in which the contract was concluded outside the headquarters of the incorporator. Please note:
Art. 67-A. In the event of termination of the contract signed exclusively with the developer, through cancellation or resolution due to absolute non-compliance with the acquirer's obligation, the latter will be entitled to a refund of the amounts paid directly to the developer, updated based on the index contractually established for the monetary correction of the installments of the price of the property, cumulatively deducted from them:
Among these changes, it is worth mentioning the one that gives the purchaser the valuable prerogative of repentance, already set out in the Consumer Protection Code , but now explicitly applicable to real estate contracts.
It is worth mentioning that the B2B Lead aforementioned legislative innovation also brought the provision that purchase and sale contracts, as well as purchase and sale pacts, are irreversible and, once registered, confer a real right that can be enforced against a third party. This new legal aspect of such real estate pacts creates barriers to whether or not the buyer or seller regrets the deal, whether motivated or not, and results in the attribution of a definitive character to these adjustments, except in the event of cancellation due to default.
However, the Consumer Protection Code provides for the so-called right of withdrawal within seven days of signing or receiving the product or service, with full and immediate refund of the amount paid, as long as they are purchased outside the commercial establishment, as happens , for example, with services contracted over the internet or by telephone:
Art. 49. The consumer may withdraw from the contract, within 7 days of signing it or receiving the product or service, whenever the contract for the supply of products and services takes place outside the commercial establishment, especially by telephone or at home.
Single paragraph. If the consumer exercises the right to repentance provided for in this article, any amounts paid, in any capacity, during the reflection period, will be returned immediately, monetarily updated.
The change brought in article 67-A, paragraph 10 of Law 13,786 /2018, in turn, establishes the right of withdrawal under the terms already outlined in the CDC , for the acquirer, in situations in which the contract was concluded outside the headquarters of the incorporator. Please note:
Art. 67-A. In the event of termination of the contract signed exclusively with the developer, through cancellation or resolution due to absolute non-compliance with the acquirer's obligation, the latter will be entitled to a refund of the amounts paid directly to the developer, updated based on the index contractually established for the monetary correction of the installments of the price of the property, cumulatively deducted from them: