The delay in the delivery of Minha Casa Minha Vida has been generating indemnities for Brazilians and resulted in a conviction against Caixa Econômica Federal. The bank will have to pay a fine to the buyer of an apartment in Maceió (AL), as decided by the 3rd Panel of the Federal Regional Court of the 5th Region (TRF-5).
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According to the process, the property was purchased through the former Minha Casa Minha Vida program, since it should have been delivered in March 2015. Caixa claimed that it could not respond for the delays in its appeal.
The 3rd Panel understood that the delay in delivery was the builder's fault, but also blamed Caixa. According to the court, it would be the responsibility of the bank to control and supervise the works. Given this, in the case in question, the same penalties provided for in the financing agreement would apply for any delays in delivery.
The lawyer from Giamundo Neto Advogados, Alexandre Krause Pera, explains that the STJ understands that in those situations in which there is a delay in the delivery of ownership of the property, there is material damage to the buyer.
— In the acquisition of real estate under construction, the contract must establish, in a clear, express and intelligible manner, the right period for the delivery of the property, only being admitted delay within the tolerance period provided for in this type of contract - explains the attorney.
Thus, the bank was ordered to pay a fine of 2% of the updated value of the property since March 2015, plus 0.33% of the amount for each day of delay.
Caixa will also have to return to the buyer the amounts paid after the date determined for delivery as “interest on the work”.— This type of discussion is more common in lawsuits involving low-income housing, when the financing agent usually assumes other functions in addition to the loan - emphasizes lawyer Rafael Pezeta, from the Abe office Giovanni.
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