Lawyer against developers in São Paulo
For buyers of Brazilian property, off-plan or completed, facing late handover, a defective build or charges never agreed. We recalculate what is owed and pursue it, including for owners abroad.
5,0 · 18 Google reviewsThis page is for the buyer who wants to keep the contract and be compensated: late handover, defective build, specification not met, area short, improper charges. Buyers who want out of the deal belong on property purchase rescission, where the question is how much the developer may keep. Here: compensation, repair or price reduction; there: the refund.
The cases that reach the firm.
- Late handover of keysThe grace period lapsed and the building is not ready: we set the period and the monthly figure.
- Construction defects, apparent or hiddenDamp, cracking, finishes coming away, installations off standard.
- Specification and floor areaFinishes departing from what was sold, or area smaller than contracted.
- Brokerage commission and SATICommission requires advance, separate disclosure; the STJ treats SATI differently, as an abusive fee.
- Charges outside the termService charges before possession passes; construction interest after the delivery date.
The 180-day grace period, and what follows.
Art. 43-A of Law 4,591/1964, inserted by Law 13,786/2018, allows handover up to 180 running days after the agreed date, if expressly stated in clear, prominent wording. If the buyer did not cause the delay, §1 allows termination and repayment plus the applicable penalty within 60 calendar days of termination. A buyer current on payments who keeps the contract may receive 1% of the amount actually paid per month of delay, calculated daily and payable at handover (§2). This compensation cannot be combined with the termination penalty (§3). The statute’s temporal application to the contract must be checked.
Theme 996 (REsp 1,729,593) concerns Minha Casa, Minha Vida transactions in income bands 1.5, 2 and 3. Within that scope: the delivery date must be certain and cannot be tied to mortgage approval; once missed, the buyer's loss is presumed — the unjust deprivation of the use of the property — compensated as a monthly rent on the comparable letting value until possession is made available; construction interest after the agreed deadline, including the grace period, is unlawful; and the sector index on the balance gives way to the IPCA, unless worse for the buyer.
Under Theme 970, a penalty at the level of market rent rules out cumulation with lost rent; under Theme 971, a penalty drafted only against the buyer sets the yardstick for what the seller owes; REsp 2,025,166 allowed a separate claim for lost rent where the penalty fell below rental value, not two full awards for the same loss — our note on Themes 970 and 996 works through it. What the unit was for changes the evidence, not the entitlement: a buyer who meant to live there documents the rent paid meanwhile; an investor evidences the comparable letting value — the construction delay calculator gives the order of magnitude.
Apparent defects, hidden defects and the warranty.
An apparent defect shows at handover; a hidden one surfaces with use. The Consumer Protection Code gives 90 days to complain of an apparent defect in a durable product, from actual delivery (art. 26, II); for a hidden one the period starts when the defect becomes evident (art. 26, §3). Not cured within 30 days, the buyer chooses: replacement, refund with indexation or a price reduction (art. 18, §1); for services, re-performance, refund or reduction (art. 20). The five-year period in art. 27 concerns damage caused by a product or service safety defect, not every contractual damages claim. The useful life of the property and the circumstances also matter for hidden defects.
Art. 618 of the Civil Code adds, for the building of edifices and other substantial works, an irreducible five-year liability of the contractor for the soundness and safety of the work, in respect of materials and ground, but the 180-day period in its sole paragraph is not the limitation period for every damages claim. The STJ applies the general ten-year period to contractual construction-defect damages claims. The remedy, starting date and applicable regime must be assessed individually; document when the crack first appeared.
Specification and floor area: sufficiently precise advertising binds the supplier and integrates the contract (art. 30) and, if performance is refused, the buyer may demand the offer, accept an equivalent or terminate (art. 35). A floor-area shortfall may be a quantity defect (art. 19), depending on the contract, measurements and applicable regime; clauses contrary to statutory consumer protection do not remove liability (art. 51).
What usually comes back to the buyer.
Brokerage and SATI. In Theme 938 (REsp 1,599,511) the court upheld passing the agency commission to the buyer on one condition — the total price disclosed in advance, with the commission shown separately — and held the SATI advisory fee abusive. A refund based on an abusive clause has a three-year limitation period. Under Theme 1099, a brokerage refund sought from the developer following termination for late delivery has a ten-year period, running from knowledge of the refusal to refund all payments.
Service charges before handover. Theme 886 (REsp 1,345,331) tied liability for condominium dues to the material relationship with the property — possession taken, and the condominium's notice of it — rather than the contract date. Theme 1349 addresses concurrent liability of seller and buyer. We check the register, availability and taking of possession, and communications to the condominium, rather than the key date alone.
When the answer is to unwind the deal.
Not every case ends in compensation. If the aim is to get out and recover the money, we first distinguish developer default, buyer withdrawal and mutual agreement to determine whether any retention is allowed — the subject of property purchase rescission, considering art. 43-A as well as the caps in art. 67-A of Law 4,591/1964 and art. 32-A of Law 6,766/1979. Costing both usually changes the decision.
How we run the case.
- Reading the contract firstDelivery date, grace clause, the penalty's calculation base and the indexation.
- Acting for you from abroadWe check the power of attorney and any apostille or legalization and translation requirements for its country of origin. The Hague Apostille Convention has applied to Brazil since 2016.
- Gathering the evidencePostponement notices, the handover inspection, dated photographs and the date the defect appeared.
- Redoing the arithmeticCompensable period, sums paid, rent and questionable charges, with a calculation sheet.
- Formal notice, then courtNotice documents the claim and seeks a negotiated solution without guaranteeing agreement; if appropriate, court proceedings follow through enforcement.
Initial review and a written proposal before any step is taken. Informational content under Bar Association Rule 205/2021.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleEnglish translations of client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesCommon questions.
The 180-day grace period has passed. What can I claim?
If art. 43-A applies and the buyer did not cause the delay, termination allows repayment plus the applicable penalty within 60 calendar days of termination. A buyer current on payments who keeps the contract may receive 1% of the amount actually paid per month, calculated daily and payable at handover. This cannot be combined with the termination penalty.
Do the penalty clause and lost rent stack?
Not automatically. Theme 970 prevents double compensation for the same loss where the penalty equals rental value. REsp 2,025,166 concerned a separate lost-rent claim. Any excess loss requires review of the clause and evidence, without adding two full awards for the same loss.
Damp appeared a year after handover. Is it too late?
It may still be possible. For hidden defects, the period under Consumer Code art. 26, §3 starts when the defect becomes evident, considering the circumstances and useful life of the property. Civil Code art. 618 provides a five-year soundness and safety guarantee in the cases it governs. Repair, price-reduction and damages claims do not necessarily share the same deadline.
Can I recover the brokerage commission and the SATI fee?
Theme 938 treats SATI as abusive and requires advance disclosure of the total price with commission separately identified. A refund based on an abusive clause has a three-year period. A brokerage refund sought from the developer following termination for late delivery has a ten-year period from knowledge of the refusal to refund all payments (Theme 1099).
How much does a claim against a developer cost?
Fees are agreed in writing for the relevant work. Litigation may also involve court costs, expert fees and other expenses, plus potential liability for the opposing party’s legal fees where applicable. The proposal states the scope and terms.
Do you act for owners who live outside Brazil?
Yes, outside São Paulo and abroad. We meet by video and coordinate work in other locations. For owners abroad, we check the power of attorney and apostille or legalization and translation requirements for its origin. The proceedings take place in Brazil, with local professionals under our guidance where needed.
Handover late, or the unit defective?
Send the contract, the payment records and evidence of the problem. We work out what is owed and put it in writing.