Acquiring a home is a dream of many people, but in some cases, the long-awaited deed turns into frustration. According to specialists, the situation is even more complicated when the purchase is made with the property in the plant, as the consumer pays for something that has not yet been built and the delay in construction is just one of the problems he may face.
According to the legal advisor of the São Paulo Housing Union, Olivar Vitale, all the information the buyer needs to know must be in the purchase and sale contract - such as the qualification of the parties involved (personal data of the seller and buyer), detailed description of the useful area and common property, sale value and payment terms, deadlines for the start of works and delivery, possible adjustments in installments, implications for termination, among others.
If there is any type of breach of contract, such as late delivery or non-payment, the punishment for either party, both for those who sold and did not deliver, and for those who bought and did not pay, for example, must be very clear.
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"If the property is still under construction or is under construction, it has to analyze whether it is registered in what we call real estate development, which is an institute according to which the developer has already presented all the documents that demonstrate that the project will be carried out, that it has already been approved and that that developer has a healthy life financially”, advises Olivar Vitale.
Keeping an eye on the contract
Beautician Cristina Campos bought an apartment more than 20 years ago, but instead of having the keys in hand, she flips through the pages of the contract and the lawsuit she filed against the property's builders. She bought an apartment in the plant in 1995 for R$ 60 thousand, in Bauru (SP).
According to the contract, the work would be delivered three years later. With the delay in construction, she went to court to recover the amount she had invested. More than two decades have passed, and she is still at a loss. “I paid until the end and so far I haven't received it”, he laments.
The clerk Rodrigo Olivério de Jesus has already bought three apartments on the floor plan, and has never had any problems. In addition to paying attention to the contract, he researches all the data on the company, the construction company or contractor, who is buying the property.
“We check with the company process certificates and some negative ones with the company, that is, we have easy access via the internet to verify if this company is reputable or not. It is easy for the consumer to do this through sites such as the Internal Revenue Service, Federal Court, Court of Justice, Superior Labor Court to check if this company is a labor debtor, among other sites”, emphasizes Rodrigo.