Post by account_disabled on Mar 12, 2024 3:36:00 GMT -5
The committed property buyer, even in default, may request the termination of the contract and recover the amounts paid, allowing for compensation with the administration and advertising expenses made by the committed seller.
reproduction
Reproduction Contract termination does not depend on construction company agreement, says TJ-SP
The understanding is that of the 11th Chamber of Private Law of the Court of Justice of São Paulo in granting a buyer's appeal to suspend the collection of installments that fall due after summoning the construction companies and prevent any eventual denial of their name.
The decision, on a preliminary basis, was Portugal Mobile Number List made in an action for contractual termination combined with the return of amounts paid. In May 2019, the author purchased an apartment from the defendant construction companies and, by September of last year, had paid around R$11,000. However, due to financial problems, he asked to terminate the contract.
The construction companies did not agree to the termination, which led the buyer to take legal action. The rapporteur, judge Marino Neto, saw the probability of the right and the danger of damage or risk to the useful result of the process, granting the injunction requested by the plaintiff.
"This is because the right to terminate the property purchase and sale commitment contract does not depend on the agreement of the defendants, now aggrieved, in accordance with the provisions of Precedent 1 of this Court. Therefore, the verisimilitude of the plaintiff's allegations is present", stated the magistrate.
Furthermore, according to Neto, the concrete damage to which the plaintiff is subjected is evident due to the possibility of having his name registered on a list of defaulters, "due to the maintenance of the enforceability of the installments due in relation to the contract signed with the defendants" .
He set a daily fine of R$500, limited to R$30,000, in case of non-compliance with the order to suspend charges. The decision was made unanimously. The buyer is represented by lawyer Francine Larissa Faustino Ito.
reproduction
Reproduction Contract termination does not depend on construction company agreement, says TJ-SP
The understanding is that of the 11th Chamber of Private Law of the Court of Justice of São Paulo in granting a buyer's appeal to suspend the collection of installments that fall due after summoning the construction companies and prevent any eventual denial of their name.
The decision, on a preliminary basis, was Portugal Mobile Number List made in an action for contractual termination combined with the return of amounts paid. In May 2019, the author purchased an apartment from the defendant construction companies and, by September of last year, had paid around R$11,000. However, due to financial problems, he asked to terminate the contract.
The construction companies did not agree to the termination, which led the buyer to take legal action. The rapporteur, judge Marino Neto, saw the probability of the right and the danger of damage or risk to the useful result of the process, granting the injunction requested by the plaintiff.
"This is because the right to terminate the property purchase and sale commitment contract does not depend on the agreement of the defendants, now aggrieved, in accordance with the provisions of Precedent 1 of this Court. Therefore, the verisimilitude of the plaintiff's allegations is present", stated the magistrate.
Furthermore, according to Neto, the concrete damage to which the plaintiff is subjected is evident due to the possibility of having his name registered on a list of defaulters, "due to the maintenance of the enforceability of the installments due in relation to the contract signed with the defendants" .
He set a daily fine of R$500, limited to R$30,000, in case of non-compliance with the order to suspend charges. The decision was made unanimously. The buyer is represented by lawyer Francine Larissa Faustino Ito.