Post by account_disabled on Jan 23, 2024 12:22:52 GMT 1
In the market for buying and selling off-plan properties, unpredictable factors that can hinder construction — such as natural events, lack of labor and shortage of inputs — make the contractual clause that establishes a tolerance period for delays in the work valid. However, delivery of the property cannot exceed 180 days from the estimated date and, in any case, the consumer must be notified regarding the use of the clause and the justification for extending the deadline. Based on this understanding, the 3rd Panel of the Superior Court of Justice denied a special appeal from a couple of buyers who claimed that the tolerance clause in real estate purchase and sale contracts was abusive.
For the couple, the developer, when stipulating Buy Phone Number List the delivery deadline, should already consider the possibility of delay, so that the consumer would not be seduced with the information that the property would be delivered on a certain date and, subsequently, the deadline would be extended. substantially. The rapporteur of the special appeal, minister Villas Bôas Cueva, explained that purchasing a property off-plan allows the buyer to plan their economic and social life, as it is known in advance when the keys will be handed over.
Therefore, the developer and the builder must observe the work execution schedule as faithfully as possible, under penalty of being liable for the losses caused to the buyer by the non-completion or unjustified delay of the property. However, in view of the complexity of the project and the unpredictability factors, the rapporteur considered that it was justifiable to adopt, in the contractual instrument, tolerance in relation to the delivery date — which in fact is only estimated, as provided for in article 48, paragraph 2nd, of Law 4,591/64. “The contractual provision to extend the delivery of the project came from practices in the civil construction market that have been consolidated for decades, that is, it originated from the customs of the area, above all to mitigate the risk of the activity, given the difficulty of setting a specific date.
For the couple, the developer, when stipulating Buy Phone Number List the delivery deadline, should already consider the possibility of delay, so that the consumer would not be seduced with the information that the property would be delivered on a certain date and, subsequently, the deadline would be extended. substantially. The rapporteur of the special appeal, minister Villas Bôas Cueva, explained that purchasing a property off-plan allows the buyer to plan their economic and social life, as it is known in advance when the keys will be handed over.
Therefore, the developer and the builder must observe the work execution schedule as faithfully as possible, under penalty of being liable for the losses caused to the buyer by the non-completion or unjustified delay of the property. However, in view of the complexity of the project and the unpredictability factors, the rapporteur considered that it was justifiable to adopt, in the contractual instrument, tolerance in relation to the delivery date — which in fact is only estimated, as provided for in article 48, paragraph 2nd, of Law 4,591/64. “The contractual provision to extend the delivery of the project came from practices in the civil construction market that have been consolidated for decades, that is, it originated from the customs of the area, above all to mitigate the risk of the activity, given the difficulty of setting a specific date.