Post by messi23 on Mar 13, 2024 3:53:53 GMT
Article originally published on the InfoMoney website with the title The injustice of termination. The biggest problem in the real estate market today is cancellations. Cancellations are being responsible for losses in most companies in the sector, with many of them going into judicial recovery and some may even go bankrupt. And what are cancellations? It is the name that is being used to cancel the purchase of a property by the buyer, that is, the buyer acquires an apartment, a house or a commercial complex, signs an irrevocable and irreversible contract and throughout the work or at the end she chooses to give up on the purchase.
Although the signed contract is irrevocable and Germany Phone Number irreversible, that is, you cannot give up or regret it, article 53 of the Consumer Protection Code grants the buyer the right to request cancellation in the case of purchasing a property, however the law does not specify how much should be returned to the buyer, just mentions that the developer cannot retain 100% of the amounts paid by the client. For this reason, most developers provide in their purchase and sale instrument that in the event of withdrawal by the buyer, a percentage of the amount paid will be returned, deducted from advertising and sales expenses.
However, what has been happening in practice is that the buyer ends up not accepting the return value provided for in the contract and wants an even higher value, which the developer generally does not agree to return. As in most cases an agreement is not reached between the parties, the buyer takes legal action against the seller and the Court has awarded the buyer a win, forcing the seller to return all the money paid by the customer, updated by the index. inflation plus interest of 12% per year, in addition to legal fees for both parties.
Although the signed contract is irrevocable and Germany Phone Number irreversible, that is, you cannot give up or regret it, article 53 of the Consumer Protection Code grants the buyer the right to request cancellation in the case of purchasing a property, however the law does not specify how much should be returned to the buyer, just mentions that the developer cannot retain 100% of the amounts paid by the client. For this reason, most developers provide in their purchase and sale instrument that in the event of withdrawal by the buyer, a percentage of the amount paid will be returned, deducted from advertising and sales expenses.
However, what has been happening in practice is that the buyer ends up not accepting the return value provided for in the contract and wants an even higher value, which the developer generally does not agree to return. As in most cases an agreement is not reached between the parties, the buyer takes legal action against the seller and the Court has awarded the buyer a win, forcing the seller to return all the money paid by the customer, updated by the index. inflation plus interest of 12% per year, in addition to legal fees for both parties.