Post by account_disabled on Jan 31, 2024 8:59:39 GMT
The real estate development contract is a consumer contract [1] and, as such, is subject to the precepts of the Consumer Protection Code (Law 8,078/90), also regulated by special law, Law 4,591/64, which It represented a major advance for regulation in the real estate sector at the time, as it addressed the issue of the promise of purchase and sale and incorporation as a way of facilitating access to owning a home as a desire to be pursued by the majority of the Brazilian population. But, contrary to what it may seem, the special law of 1964 did not regulate the issue of cancellation.
This topic continues to be debated in legal Buy Phone Number List circles, against the backdrop of the so-called "real estate sector crisis", as, with consumer over-indebtedness, rising unemployment and the context of economic crisis experienced by the country in recent years, many consumers face the harsh reality of having to return properties [2] . The large number of “returns” of properties by would-be buyers, undoing deals that, according to the special law, would be irreversible, has led the real estate sector to request the elaboration of a provisional measure, without the need for further in-depth discussions in civil society , intending to impose a rule that authorizes the “retention of up to 80% of the amounts paid by acquirers”.
It is necessary to point out that article 53 of the CDC prohibits sunset clauses, in which the consumer loses all (or almost all) of the amounts paid to acquire their own home [3] , such as the proposal being discussed by the sector representing construction companies/developers. The analysis of the discourse regarding the need to regulate cancellations must begin by questioning the true meaning of considering the property acquisition contract through real estate development in Law 4,591/64 to be irreversible, as well as the supposed legal uncertainty that the undoing of these contracts would entail. generating within the social sphere.
This topic continues to be debated in legal Buy Phone Number List circles, against the backdrop of the so-called "real estate sector crisis", as, with consumer over-indebtedness, rising unemployment and the context of economic crisis experienced by the country in recent years, many consumers face the harsh reality of having to return properties [2] . The large number of “returns” of properties by would-be buyers, undoing deals that, according to the special law, would be irreversible, has led the real estate sector to request the elaboration of a provisional measure, without the need for further in-depth discussions in civil society , intending to impose a rule that authorizes the “retention of up to 80% of the amounts paid by acquirers”.
It is necessary to point out that article 53 of the CDC prohibits sunset clauses, in which the consumer loses all (or almost all) of the amounts paid to acquire their own home [3] , such as the proposal being discussed by the sector representing construction companies/developers. The analysis of the discourse regarding the need to regulate cancellations must begin by questioning the true meaning of considering the property acquisition contract through real estate development in Law 4,591/64 to be irreversible, as well as the supposed legal uncertainty that the undoing of these contracts would entail. generating within the social sphere.