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What a Real Estate Seller Never Tells the Buyer
Buying an apartment on the plan can hide high expenses that will only be noticed months or years after signing the contract.
The script below is from a movie that is widely watched by real estate buyers. The consumer goes to the stand where a real estate project is being launched. There are plenty of free attractions: food and drink, a show with a famous artist and possibly even a helicopter flyover of the neighborhood. In the center of the ring, there is an apartment generously decorated by a famous architect that transforms into a reality the property that will only be ready for three years. The beautiful 45 square meter apartment costs 450,000 reais. The price scares a lot of people, but after a few minutes of talking with the broker, the dream doesn't seem impossible. The seller says that for the next three years the consumer will pay monthly installments of 2,000 reais.
Upon delivery of the keys, it will be necessary to pay another 28,000 reais. The prepayment, therefore, will total 100,000 reais – a sacrifice for many families, but advantageous in view of the realization of the dream of owning a home. The broker then remembers that, of the 350,000 reais that remain, 80,000 reais can be written off using the buyer's FGTS upon delivery of the deed and keys. The remaining 270,000 reais will be financed by a bank loan with an amortization period of 20 years and an effective interest rate of 11% per year according to the Price table. Each installment is estimated at 2,700 reais. The seller remembers that the amount of monthly installments is similar to what the buyer pays for rent. The deal looks really interesting. However, Marcelo Tapai, from Tapai Advogados, an office that specializes in lawsuits against developers, explains that this script is nothing but fiction. The buyer will soon discover that any resemblance to real life is purely coincidental.
The first shock will be given by the INCC, the civil construction sector inflation index, which serves to correct property purchase contracts in the plant. Each month, the INCC will focus on the buyer's entire outstanding balance. If the INCC is 1% in the first month, the debt will be increased by 4,500 reais. For those who think that the INCC estimate of 1% is too high, it is important to remember that only in the last month of May the indicator reached 2.94%. It is possible, therefore, that the payments of 2,000 reais a month are not enough even to offset the INCC and that, at the end of three years, the buyer's debt is higher than the initial debt. Still believing that he got a good deal because the properties are appreciating very fast, the client will pay all the installments provided. On the date stipulated in the contract for the delivery of the keys, however, the developer may not deliver it. The general shortage of equipment and labor has delayed the delivery of a large part of the projects launched in Rio de Janeiro and São Paulo. Aware of this, developers include in most contracts a clause that establishes that indemnity is not due to the client in case of delays of up to 180 days in the delivery of the property.
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During this period, the consumer will have his debt adjusted monthly by the INCC. In addition, even if it has not fulfilled its part of the agreement, the developer will charge the portion of the keys of 28,000 reais because the contract specifies that date. Another possible source of stress for the buyer will occur when the work obtains the certificate of occupancy permit, which attests that the project meets the requirements of municipal legislation. On that date, the developer may exchange the correction index of the INCC contract for the IGP-M. So far, there isn't much difference. The problem is that interest of 12% per year will also be charged on the outstanding balance – against the zero rate used so far. To transfer the debt to a bank and get more friendly interest, the buyer will need to have the keys and the deed in hand.
According to Tapai, however, there are cases in which the certificate comes a year before the delivery of the keys – to the dismay of the buyer. When you finally receive the keys and the deed and run to the bank to finance the property at an effective interest rate equivalent to 11% plus TR, a new surprise may occur. The property purchased for 450,000 reais may have appreciated in value within a period of three years. Apparently positive, the news has a perverse side. The FGTS can only be used to offset the debit balance of properties of up to 500,000 reais. If the bank assesses that the same apartment now costs 600,000 reais, for example, the 80,000 reais that are deposited in the buyer's account in the FGTS cannot be withdrawn. The debt, currently estimated at 500,000 reais, for example, will have, due to the value of the property, to be fully financed outside the SFH (Housing Financial System), which, in theory, offers a little cheaper interest. In order to be able to pay it, the buyer will have to increase the estimated period for repaying the loan from 20 to 30 years – thus bearing greater financial costs to acquire the same good.Justice According to Tapai, there are ways to prevent the purchase of property in the plant from turning into a horror movie.
It is important to know the rules and do the math very well before buying a property on the plan. Saving a lot of the money you need before buying the property also helps. Opting for a semi-new apartment instead of the property on the floor can be another solution. In the case of people who have already signed the purchase contract and feel financially impaired, it is possible to mitigate the damages in court. Many judges grant injunctions against the payment of the installment scheduled for the same date as the keys if the keys have not been delivered. There is also favorable jurisprudence in the STJ (Superior Court of Justice) so that the correction of the outstanding balance is only changed from INCC to IGP-M plus 12% per year at the time of delivery of the keys - and not on the date of granting the occupancy permit. In case of delay in the completion of the work, Justice usually understands that developers have the right to correct the debt balance. What can be questioned is only the correction indicator: INCC or IGP-M. If the buyer feels economically disadvantaged by the delay because he had to pay rent for another year, for example, he can file a lawsuit against the developer charging moral and material damages. To win this action, however, it is important to have documents, photos or witnesses that serve to prove that the promises made by the developer at the time of the property purchase were not subsequently fulfilled. may file a lawsuit against the developer charging moral and material damages. To win this action, however, it is important to have documents, photos or witnesses that serve to prove that the promises made by the developer at the time of the property purchase were not subsequently fulfilled. may file a lawsuit against the developer charging moral and material damages. To win this action, however, it is important to have documents, photos or witnesses that serve to prove that the promises made by the developer at the time of the property purchase were not subsequently fulfilled.
Source: Tajarat.com.pk
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