Post by account_disabled on Jan 30, 2024 11:52:50 GMT
The delivery of a property different from that sold on the plan goes beyond simple contractual breach, generating compensable moral damage. The decision was made by the 3rd Panel of the Superior Court of Justice, which ordered a construction company to compensate a family with R$15,000 for not delivering the promised unit. Alexandre Zveiger/123RF Buyers who receive property other than the one purchased must be compensated. Alexandre Zveiger/123RF The apartment was delivered one year and six months after the contractual tolerance limit. Furthermore, a unit was delivered with one less suite and without the promised sea view, on São Vicente beach (SP). In court, the family requested compensation for moral and material damages, both for the delay and for the property being different from what was promised.
Understanding that the case goes beyond the Buy Phone Number List limits of mere unpleasantness and everyday frustrations, the São Paulo Court of Justice condemned the construction company. "The unjustified delay in completing the work and the delivery of a unit in a shape and size different from that agreed upon, a fact even admitted by the defendants, cannot be equated with mere annoyance", says the ruling, setting the value of the damages at R$15,000. morals. Due to the unjustified delay, the São Paulo court ordered the construction company to pay compensation for lost profits. The compensation was set at 0.6% of the current sales value of the property per month of delay counting from the end of the grace period of 180 days after the promised date for delivery of the property.
In a special appeal, the construction company maintained that payment of lost profits was not due because the property had been purchased for residence, and not for rental. As for moral damages, the construction company maintained that there was only breach of contract, which does not justify compensation. For the minister reporting on the case, Nancy Andrighi, the TJ-SP's conclusion was correct. “This is because the delivery of the property in a different configuration than that contracted goes beyond simple breach of contract, making feelings of injustice and impotence in the face of the situation prevail, as well as those of anguish and suffering”, assessed the rapporteur.
Understanding that the case goes beyond the Buy Phone Number List limits of mere unpleasantness and everyday frustrations, the São Paulo Court of Justice condemned the construction company. "The unjustified delay in completing the work and the delivery of a unit in a shape and size different from that agreed upon, a fact even admitted by the defendants, cannot be equated with mere annoyance", says the ruling, setting the value of the damages at R$15,000. morals. Due to the unjustified delay, the São Paulo court ordered the construction company to pay compensation for lost profits. The compensation was set at 0.6% of the current sales value of the property per month of delay counting from the end of the grace period of 180 days after the promised date for delivery of the property.
In a special appeal, the construction company maintained that payment of lost profits was not due because the property had been purchased for residence, and not for rental. As for moral damages, the construction company maintained that there was only breach of contract, which does not justify compensation. For the minister reporting on the case, Nancy Andrighi, the TJ-SP's conclusion was correct. “This is because the delivery of the property in a different configuration than that contracted goes beyond simple breach of contract, making feelings of injustice and impotence in the face of the situation prevail, as well as those of anguish and suffering”, assessed the rapporteur.