Post by account_disabled on Jan 31, 2024 8:54:35 GMT
The contractual clause that imposes responsibility on the buyer for vacating the occupied property is not abusive, according to the unanimous understanding of the 3rd Panel of the Superior Court of Justice (STJ). These rules are common in contracts for the purchase of Caixa Econômica Federal assets. 123RF The case's rapporteur understood that the below-market price for these properties is fair compensation for the responsibility in relation to the vacancy of the property. 123RF The decision was taken in an appeal filed by the Federal Public Ministry, which considered the clause abusive because “it exclusively subjects the consumer to any necessary measures to vacate the property, when occupied by third parties”.
For the MPF, this obligation is “excessively Buy Phone Number List onerous”, as the buyer bears all expenses (financing, condominium fees, water, electricity, IPTU) before taking possession of the property. According to the case's rapporteur at the STJ, minister Villas Bôas Cueva, these properties are being offered at a price that is “considerably lower” than the real value, due to the peculiar situation in which they find themselves, mainly because they are occupied. “If there is no omission regarding the fact that the property is occupied by a third party, the contractual clause that imposes the contractual clause that imposes the buyer bears the burden of vacating the property”, explained the rapporteur.
Villas Bôas Cueva also highlighted that the acquisition of property through the Housing Finance System (SFH) does not take away the freedom of contracting and the binding force of the contract. For him, the SFH has its own legal regime, so there are several mechanisms to meet its peculiarities. “The stability in relationships between borrowers and the financial agent and the prestige of legal security within the scope of agreed obligations are ways to maintain the health of the system and enable a greater number of people to purchase a property”, he stated.
For the MPF, this obligation is “excessively Buy Phone Number List onerous”, as the buyer bears all expenses (financing, condominium fees, water, electricity, IPTU) before taking possession of the property. According to the case's rapporteur at the STJ, minister Villas Bôas Cueva, these properties are being offered at a price that is “considerably lower” than the real value, due to the peculiar situation in which they find themselves, mainly because they are occupied. “If there is no omission regarding the fact that the property is occupied by a third party, the contractual clause that imposes the contractual clause that imposes the buyer bears the burden of vacating the property”, explained the rapporteur.
Villas Bôas Cueva also highlighted that the acquisition of property through the Housing Finance System (SFH) does not take away the freedom of contracting and the binding force of the contract. For him, the SFH has its own legal regime, so there are several mechanisms to meet its peculiarities. “The stability in relationships between borrowers and the financial agent and the prestige of legal security within the scope of agreed obligations are ways to maintain the health of the system and enable a greater number of people to purchase a property”, he stated.