Regardless of what investment experts (coaches) say, buying a home remains the great dream of Brazilians. In 2024, this desire remains the main consumer dream in the country. According to the study “Sonhos Brasileiros,” carried out by the Croma Group at the end of 2023, 36% of respondents pointed out that purchasing a property was their top priority, highlighting the importance of financial stability and the security of a home in people’s lives.
According to the 7th edition of the Brazilian Investor X-ray, carried out by ANBIMA in partnership with Datafolha, the intention to allocate financial income for the acquisition of real estate grew for the third in a row. In 2023, 33% of investors plan to invest their income in this goal, posting an increase from 2022 (30%) and 2021 (29%). Since 2017, the purchase of own housing remains the main goal of Brazilian investors. In addition, a survey by QuintoAndar reveals that 39% of Brazilians want to buy a property in 2023, while only 10% intend to sell.
Accordingly, investing in real estate in the plant emerges as a promising alternative. These units are often purchased at more affordable prices and tend to appreciate over time as construction progresses and the surrounding infrastructure develops. This investment model brings significant earning potential, making it an excellent option for those seeking security and asset appreciation.
Given this scenario, legal certainty becomes a major keystone to ensure investor confidence in their decisions. In the context of consumer relations, advanced legislation and an efficient court system not only protect consumer rights, but also boost economic and social development by ensuring the stability and predictability of the entire real estate market.
In addition, legal certainty protects the entire chain underly such process, benefiting construction companies, developers, suppliers, employees, service providers, and other stakeholders. This sound regulatory environment is fundamental to spur on investments, and ensure a sustainable and reliable real estate industry, allowing the valuation of real estate to occur in a safe and structured way.
In Brazil, one of the clauses most analyzed by investors is the possibility or not of unmotivated withdrawal, that is, when for no apparent legal reason the buyer gives up on the contract.
And the withdrawal of the purchase of a property in the plant is a right guaranteed by both the Consumer Protection Code and Law 13786/2018, allowing contracts to be undone before bank financing is concluded. Reasons such as financial troubles or change of city may lead the buyer to opt for termination. Therefore, while payments are made directly to the developer, termination is feasible, under fair and contractual conditions.
For agreements entered into as of 2018, the law establishes that, in the event of termination of the agreement entered into exclusively with the developer, either by unilateral termination or by absolute default of the buyer, the buyer is entitled to receiving back the amounts paid directly to the developer, duly adjusted for the inflation set forth in the agreement.
However, from this amount can be deducted, cumulatively: the entire brokerage free and, in the case of voluntary withdrawal, up to 25% of the amount paid. If the development is linked to a developer escrow account (legal protection mechanism to ensure the completion of the work), the retention can reach 50% of the amount paid.
In addition, it is worth remembering that the deadline for returning the amounts varies according to the development’s structure: if the property is part of a developer escrow account, the refund is expected to occur within 180 days after the formalization of the termination. Otherwise, the refund term may extend up to 12 months.
And, therefore, the purchase of a property in the plant proves to be one of the most profitable alternatives in the real estate market, one that provides easier conditions and potential for appreciation. Brazil has advanced legislation, a booming industry, and established companies that stand out nationally. However, in order for this dream not to turn into a nightmare, it is essential that the buyer is aware of their rights and duties, carefully reviewing contract terms and the legal norms before making their decision.
Available in: https://imoveis.estadao.com.br/artigos/artigo-comprei-um-imovel-na-planta-mas-quero-desistir-e-agora/
Autor: Guilherme da Costa Ferreira Pignaneli • email: guilherme.pignaneli@ernestoborges.com.br
