Post by messi05 on Jan 22, 2024 10:46:12 GMT 5.5
Also known as occupancy permit, has been issued, the seller is responsible for the condominium fees until the property is delivered, even if this process takes time due to the buyer's delay in real estate financing. The decision, by majority, is from the Jurisprudence Standardization Chamber of the Court of Justice of the Federal District when judging the Incident of Resolution of Repetitive Demands (IRDR) on the topic. The request for resolution of repetitive demands was filed by a construction company, which pointed out the existence of a divergence in the TJ-DF jurisprudence regarding the construction company's obligation to bear the payment of condominium fees, even after the occupancy letter was issued, when the delay in receiving the property is due to a delay in obtaining bank financing by the buyer.
Once the IRDR was admitted, the case was Buy Phone Number List judged on November 27, 2017 and the thesis defined was as follows: “Once the letter of occupancy is issued, the responsibility for the payment of condominium obligations generated by a property subject to a purchase and sale promise is from the promising seller until the delivery and imposition of the buyer in direct possession of the real estate unit, even if there is a delay in the transfer of ownership caused by a delay in obtaining real estate financing by the buyer”.
And, as there is no imposition of acquisition of the new product, there is no intentional destruction of the previous one, and there is no illegality in the launch. These brief reflections allow us to conclude that the dejudicialization of consumer conflicts may be being carried out at the expense of consumer protection, and not in its favor. The insistence on the mandatory extrajudicial route is diverting attention from the true cause of the excess of demands, which is the systematic violation of rights and, mainly, is keeping effective solutions to the problem in the background, which necessarily involve rigorous monitoring of violative practices and the collective treatment of demands.
Once the IRDR was admitted, the case was Buy Phone Number List judged on November 27, 2017 and the thesis defined was as follows: “Once the letter of occupancy is issued, the responsibility for the payment of condominium obligations generated by a property subject to a purchase and sale promise is from the promising seller until the delivery and imposition of the buyer in direct possession of the real estate unit, even if there is a delay in the transfer of ownership caused by a delay in obtaining real estate financing by the buyer”.
And, as there is no imposition of acquisition of the new product, there is no intentional destruction of the previous one, and there is no illegality in the launch. These brief reflections allow us to conclude that the dejudicialization of consumer conflicts may be being carried out at the expense of consumer protection, and not in its favor. The insistence on the mandatory extrajudicial route is diverting attention from the true cause of the excess of demands, which is the systematic violation of rights and, mainly, is keeping effective solutions to the problem in the background, which necessarily involve rigorous monitoring of violative practices and the collective treatment of demands.