Judge Christopher Alexander Roisin, of the 3rd Civil Court of the Capital, ordered the rescission of the contract and the return of 50% of the amount paid for the purchase of a property by the buyers. The payment must be made within a maximum period of 30 days after the issuance of the occupancy permit (habite-se) or an equivalent document.
The action was filed by a couple, who sought the undoing of the contract entered into with a construction company, on the allegation that they are going through financial difficulties and that, for this reason, they no longer have an interest in the transaction.
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In rendering the judgment, the magistrate emphasized that “the legal relationship of substantive law is subject to the provisions of Law No. 13.786, of December 27, 2018. The development (incorporação) is subject to the affectation estate, which imposes the application of article 67-A, of Law No. 4.591, of December 16, 1964: (…) A contractual clause that reproduces the law cannot be abusive”.
The claim was judged partially well-founded so as to rescind the contract entered into between the parties, as of the filing of the action, and to order the defendant to restitute to the plaintiffs the amounts paid for the acquisition of the property, in a single payment, with the amount of 50% (fifty percent) of the total amount paid deducted, the retention of which was declared permitted under the terms of the reasoning, with monetary correction by the index provided for in the contract applying to it, counted from the disbursement until the effective payment, which must occur within a maximum period of 30 days after the occupancy permit (habite-se) or equivalent document issued by the competent municipal public body.
Source: TJSP
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