Post by account_disabled on Mar 13, 2024 22:52:31 GMT -5
The Senate Plenary approved, on Wednesday (21/11), the basic text of the project that regulates the withdrawal of the purchase of property after signing the contract, the so-called cancellation. The project increases the fine for cancellation to 50% of the amount already paid to the construction company. The project is authored by the Chamber, but, as changes were made to the original text by the Senate, it will return to the deputies.
Currently, construction companies keep 10% to 25% of the amount paid by those who abandoned the purchase of the property off-plan, following the understanding of the Superior Court of Justice. With the new rules approved by the Chamber, if the buyer gives up the property or stops paying the installments, the construction company or company responsible for the work can keep up to half of the money paid by the buyer.
An amendment by Senator Romero Jucá (MDB-RO) was also approved, which allocates the fine for cancellation to the construction company responsible for the work, and not to the purchase financier.
Appeal Accepted
Authored by deputy Celso Russomano (PRB-SP), the B2B Lead proposal had been rejected by the Senate Economic Affairs Committee (CAE) in July, but an appeal returned it to the Plenary, where it received new amendments.
The Senate accepted six amendments, five from Senator Simone Tebet (MDB-MS) and one from Senator Romero Jucá (MDB-RO). Amendments 15 and 20 propose the presentation of a cover page in the contract with a summary table of the contractual clauses. Amendments 17 and 21 reduce the percentage of retention of enjoyment of the property. And amendment 18 provides for the impossibility of the acquirer remaining in debt after returning the property.
Senators in favor argue that the project updates the rules, giving legal certainty to construction companies and consumers at the time of negotiation. On the other hand, there are parliamentarians who considered the text more favorable to companies, requiring more balance.
Forecasts
The project predicts that a delay of up to 180 days for the delivery of the property will not generate costs for the construction company. If the delay is longer, the buyer can cancel the deal and receive the money back, in addition to the fine provided for in the contract, within 60 days. If there is no fine foreseen, the customer will be entitled to 1% of the amount already paid for each month of delay.
Also according to the project, the 50% fine for the buyer who withdrew is only used when the project's assets are separate from those of the construction company (a mechanism called allocation assets). For other cases, that is, outside the allocated assets, the fine foreseen for the consumer is up to 25%.