Post by messi05 on Jan 24, 2024 6:22:29 GMT -5
Any of the purchasers could compromise the construction and, consequently, frustrate the rights of all other prospective purchasers, article 63 of Law 4,591/64 provided that, in the case of non-payment of three installments , after notification to clear the delay, the purchasing rights can be auctioned by the commission of representatives of the collective of buyers. From the price determined at the auction, the commission must retain all procedural expenses, commission, outstanding amounts and compensatory fine. Only after withholdings is the balance delivered to the excluded defaulter. In other words: the refund of the amounts paid by the defaulter is only made after the incorporation capital has been recomposed.
In this context, in cases in which the Buy Phone Number List termination takes place through legal action by the prospective buyer, it would be more compatible with the system to coincide the moment of refund of the amount paid with that of recomposition of the incorporation capital, that is, after the effective resale of the acquisition rights of the unit subject to withdrawal. It should be noted that, judging REsp 1.119.300, rapporteur minister Luís Felipe Salomão, the 2nd Section proclaimed, in the case of withdrawal of a consortium member, that the amounts transferred should not be returned immediately, but within 30 days from the closure of the plan, precisely so that, in order to meet the interests of a consortium member, the entire group would not be harmed, which would certainly suffer from the accounting surprise.
When we were experiencing a boom in the real estate market, which was in effect in Brazil until 2014, the problem did not arise. Firstly, because the number of dropouts was infinitely lower. Not only because of the smaller number of defaulters, but also and above all because the buyers who were looking for speculation had no interest in giving up, since it was a good business to wait for the appreciation that was certain with the future issuance of the occupancy permit. . Today, with the devaluation of real estate, speculators have taken legal action, which has been admitting unjustified termination, against the letter of article 32, paragraph 2, of Law 4,591/64, which states that promises are irreversible.
In this context, in cases in which the Buy Phone Number List termination takes place through legal action by the prospective buyer, it would be more compatible with the system to coincide the moment of refund of the amount paid with that of recomposition of the incorporation capital, that is, after the effective resale of the acquisition rights of the unit subject to withdrawal. It should be noted that, judging REsp 1.119.300, rapporteur minister Luís Felipe Salomão, the 2nd Section proclaimed, in the case of withdrawal of a consortium member, that the amounts transferred should not be returned immediately, but within 30 days from the closure of the plan, precisely so that, in order to meet the interests of a consortium member, the entire group would not be harmed, which would certainly suffer from the accounting surprise.
When we were experiencing a boom in the real estate market, which was in effect in Brazil until 2014, the problem did not arise. Firstly, because the number of dropouts was infinitely lower. Not only because of the smaller number of defaulters, but also and above all because the buyers who were looking for speculation had no interest in giving up, since it was a good business to wait for the appreciation that was certain with the future issuance of the occupancy permit. . Today, with the devaluation of real estate, speculators have taken legal action, which has been admitting unjustified termination, against the letter of article 32, paragraph 2, of Law 4,591/64, which states that promises are irreversible.
