The delivery time of the property is a concern in the life of those who buy a property in the plant. As much as it is the dream apartment, it is natural to have this fear, since it is not uncommon for processes involving consumers and construction companies that delayed delivery. There you have seen it: the result is pure stress and headache.
In order not to take this risk, it is essential to have reliable and recognized companies in the industry, which guarantee compliance with the contractual term. In this post, we will explain what are the consumer’s rights in the acquisition and what is the importance of complying with all the clauses of the purchase and sale contract. Continue reading and clarify your doubts!
What are the buyer’s rights?
The Consumer Protection Code (CDC) contains some protection measures in situations of delay in the work. According to Law 4.591 / 64 , the contracts have a clause that justifies delays of up to 180 days on the part of the construction company. However, if the delay in delivery exceeds this period, the consumer is entitled to a full refund of the amounts paid and the fine established, which must be paid for within 60 days.
As determined by the CDC in its article 47 , the clauses of the purchase and sale contract must always be interpreted in the way that is most favorable to the buyer. In cases of delay in the delivery of the property, the consumer has up to five years to go to court.
Usually, compensation is requested from the first delay, corresponding to a fine on the value of the property, in addition to moral damages. The customer can also decide to terminate the contract. In this case, the Superior Court of Justice guarantees full reimbursement of the amounts paid, and the claim for indemnity for moral damages may also be valid.
Also according to the Law, the indemnity amount is 1% of the price actually paid to the real estate developer, corresponding to each month of delay and with monetary corrections, according to the index established in the contract.
How does the grace period work?
It is very common for construction companies to insert clauses in the contract that establish grace periods for the delivery of the property. This means that the company undertakes to deliver the unit within the specified time, but protects itself by extending the term by up to 180 days due to unforeseen events that may delay the work.
In this situation, the Consumer Protection Code provides that equivalent rights must be granted to buyers: since the construction company can extend delivery for up to 180 days, the consumer can also have a kind of “grace period” to meet payments.
When there is no such reconciliation, the CDC understands that there was a disregard for its requirements and may consider the stipulation of these clauses that extend the term of delivery of the property to be abusive. In some cases, this period is shorter than 180 days – 90 or 60 days. In any case, the CDC tends to regard such practices as illegitimate.
It is worth remembering that, according to the aforementioned Law 4,591 / 64 , the purchase and sale contract may provide that the amount of financing installments paid late is corrected based on the variation of the general price index published by the National Council of Economics, according to the fluctuations of the national currency.
This only reinforces that, if the construction company can charge with interest for the delay in the payment of the installments, it is fair that the buyer can also sue the company that fails to meet the delivery deadline or any other rule contained in the contract.
How to prevent risks?
As we have seen, the most effective way to prevent the risk of delay in delivery is to close a deal with a reliable construction company with good performance in the market. To find out if you are signing a legitimate contract, be sure to seek information about other works in progress signed by the construction company.
It is also important to check the company’s history on sites such as Reclame Aqui and possible processes in progress with the Consumer Protection and Defense Program (Procon). Continue your research even after signing the contract, closely following all steps of the construction work.
At the first sign of delay, it is already possible to sue the courts. In fact, this works as a way of putting pressure on the company to solve the problem as quickly as possible. The collection of the condominium fee before the ownership of the property is also an illegal practice that can be sued.
Why should the company prioritize the delivery time?
Just as the buyer must plan to honor the real estate financing, construction companies need to prioritize the deadline for delivery of the property so as not to compromise the level of satisfaction and the planning of customers. After all, when a person makes the decision to buy a property, he is counting on that asset for the date stipulated in the contract.
Any change in this period can hinder (and a lot!) The change process and the adaptation to the new routine. In addition to frustrating buyers’ expectations, the construction company that delays delivery runs the risk of being sued and needing to pay fines or, in more serious cases, return the full value of the property.
Therefore, working hard to meet the deadline established in the contract is the best way to please both parties involved. The company needs to promise what it has fulfilled and the consumer needs to keep an eye on their rights to ensure that they are guaranteed.
If, on the one hand, receiving a late delivery can be very frustrating, on the other hand, compliance with the contractual term generates extremely high levels of satisfaction with the construction company. For this reason, more than a legal issue, it is worthwhile for companies to strive to meet deadlines, as this is very positive for their history and still favors the clientele.
Thus, when the consumer goes to buy a property, he already knows who he can count on. The rule is simple: the customer’s planning depends directly on the work of the construction company. So, aware of this, the company must commit itself to maintain the delivery deadline of the property and not disturb the lives of buyers. That way, everyone wins!
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