Post by account_disabled on Jan 25, 2024 5:42:21 GMT
The fact that a project has "occupancy permit" does not exempt the company from incurring delays in the delivery of the property. The understanding comes from judge Andrea Ferraz Musa, from the 2nd Civil Court of the São Paulo Court of Justice, who ordered a real estate development company to return all of a client's money — minus the brokerage fee. Initially, the company only returned around 50% of the value, claiming that the termination came from the buyer and that the rules were in the contract. The customer proved that the delivery period, including the additional 180 days, had already expired and that the company had thus abused the commercial relationship.
123RF Property was delivered after the Buy Phone Number List tolerance period stipulated in the contract. 123RF In its defense, the company told the court that the work already had an occupancy permit, approval from the State so that people could occupy the property. However, the judge stated that one thing does not interfere with the other and that it is common for unfinished work to already have an occupancy permit. “It turns out that the termination was due to the fault of the defendant, and not the authors. This is because the defendant remained in default, as she did not deliver the property within the contracted period, even exceeding the tolerance clause established in her favor.
The property was supposed to be delivered in June 2015. With a 180-day grace period, the maximum delivery deadline was December 2015. However, it was not delivered on time,” said the judge. The client was defended by the law firm Miglioli e Bianchi Advogados. Luis Henrique Borrozino , lawyer who worked on the case, says that the sentence recognized the possibility and the right for the terms of termination to be discussed in court, even when the company alleged, among other arguments, a supposed lack of interest on the part of consumers to act due to the termination. occurred in February 2016 and the action was filed in February 2017. “In fact, in this sense, we understand that the consumer has a period of up to five years to discuss the issue, in accordance with the Consumer Protection Code”, stated Borrozino.
123RF Property was delivered after the Buy Phone Number List tolerance period stipulated in the contract. 123RF In its defense, the company told the court that the work already had an occupancy permit, approval from the State so that people could occupy the property. However, the judge stated that one thing does not interfere with the other and that it is common for unfinished work to already have an occupancy permit. “It turns out that the termination was due to the fault of the defendant, and not the authors. This is because the defendant remained in default, as she did not deliver the property within the contracted period, even exceeding the tolerance clause established in her favor.
The property was supposed to be delivered in June 2015. With a 180-day grace period, the maximum delivery deadline was December 2015. However, it was not delivered on time,” said the judge. The client was defended by the law firm Miglioli e Bianchi Advogados. Luis Henrique Borrozino , lawyer who worked on the case, says that the sentence recognized the possibility and the right for the terms of termination to be discussed in court, even when the company alleged, among other arguments, a supposed lack of interest on the part of consumers to act due to the termination. occurred in February 2016 and the action was filed in February 2017. “In fact, in this sense, we understand that the consumer has a period of up to five years to discuss the issue, in accordance with the Consumer Protection Code”, stated Borrozino.