A NOVA LEI DOS DISTRATOS NOS COMPROMISSOS DE VENDA E COMPRA

Abstract

The current study discusses law nº 13.786/2018, also known as the New Law of
Termination of Real Estate Purchase Contracts, and its applicability to sale and purchase
agreements of real estate properties, including both real estate developments established by
law nº 4.591/64 (Real Estate Development Law) and subdivisions regulated by law nº
6.766/79 (Subdivision Law). The protective mechanisms and instruments for the
relationships between companies and buyers implemented by the new law have been
essential for the relationships among entities in the national real estate market. With its scope
and clarity, in the past 5 (five) years, the new law has brought a better balance in the
contractual relationship between companies and buyers, as well as resolved disputes
regarding contract terminations in the Judiciary, protecting the prospective buyer in cases of
delays in project delivery and preventing the interests of the party terminating the contract
from prevailing over those of the compliant client who fulfills their payment obligations.