The basic text of Law 68/2018 which establishes the rights and duties of parties in the event of termination of a real estate acquisition or division real estate agreement has been approved today (20) in the Senate. Amendments to the law should be considered at a session this Wednesday (21).
According to the account, a delay of up to 180 days for the delivery of real estate will not create a burden on the construction company. However, if there is a longer delay in the delivery of the keys, the buyer can cancel the job, and in addition to the fines stipulated in the contract, within 60 days is entitled to refund all the funds disbursed. If there are no scheduled penalties, the client will be entitled to 1% of the amount already paid for each month of delay.
The project also allows construction companies to receive up to 50% of the amount the consumer pays in the event of a withdrawal of the purchase when the company has its own capital from the construction company (the so-called Ownership Share). In other cases, ie Excluding principal, the financial penalty for the consumer is up to 25%.
Certified representative of the Celso Russomano (PRB-SP) motion was rejected by the CAE Senate in July, but returned to the plenary session, followed by an appeal. With this maneuver, the project was re-analyzed by a committee approved by Senator Armando Monteira (PTB-PE). The text returned on Tuesday to the plenary session in urgent cases.
* With information from the Senate agency
edition: Fábio Massalli