Help - Contract Cancellation

[jamphi24]

Hi
I bought 2 apartments 2 years ago. However due to the current climate I fell behind on the payment terms. I informed the developer of this and tried to come to an agreeable solution with them, they were not interested! I have just learned after months of arguing and being ignored that they have cancelled my contracts. They did not even have the courtesy to tell me they were about to do it. They have now said that I am entitled to only 30% of what I have paid so far.
Can I ask were do you think I stand? What options do I have and do I stand a chance of being able to recoup any of this? Or do i just have to cut my lossed?

Thanks for your help.

Ps the developer is Capuche

 

[robh]

Hi
I bought 2 apartments 2 years ago. However due to the current climate I fell behind on the payment terms. I informed the developer of this and tried to come to an agreeable solution with them, they were not interested! I have just learned after months of arguing and being ignored that they have cancelled my contracts. They did not even have the courtesy to tell me they were about to do it. They have now said that I am entitled to only 30% of what I have paid so far.
Can I ask were do you think I stand? What options do I have and do I stand a chance of being able to recoup any of this? Or do i just have to cut my lossed?

Thanks for your help.

Ps the developer is Capuche

By law you are entitled to 80% of your money back. This can be limited by contract but to what extent and whether it is enforceable depends on the individual contract. So the best way forward is to talk to a lawyer.

Regards,
Rob

 

[jamphi24]

Hi Rob
Thanks for your reply.
Can you recommend any good lawyers in Natal (pref that speak english)
How much is a lawyer likely to cost?

Thanks

 

[robh]

Hi Rob
Thanks for your reply.
Can you recommend any good lawyers in Natal (pref that speak english)
How much is a lawyer likely to cost?

Thanks

I will send the details via PM, as for cost I can't say but it will be a lot cheaper than losing most of your money.

Regards,
Rob.

 

[JMBroad]

I don't actually think it's quite as clear cut as that - it depends on the contract that was signed with the developer. Either way - best to speak to a lawyer.

 

[Matida Fernandes]

Hi
I bought 2 apartments 2 years ago. However due to the current climate I fell behind on the payment terms. I informed the developer of this and tried to come to an agreeable solution with them, they were not interested! I have just learned after months of arguing and being ignored that they have cancelled my contracts. They did not even have the courtesy to tell me they were about to do it. They have now said that I am entitled to only 30% of what I have paid so far.
Can I ask were do you think I stand? What options do I have and do I stand a chance of being able to recoup any of this? Or do i just have to cut my lossed?

Thanks for your help.

Ps the developer is Capuche

Hi Jamphi. I am a solicitor based in Natal and what I can say without knowing more information and checking the documentation, is that the Brazilian Consumer Act (Código de Defesa do Consumidor) doesn´t
specify how much you are entitled to get back. But it does say that the amount the company is allowed to retain in order to cover its expenses and damages cannot be abusive. i.e. you are probably entitled to claim more than 30%. Unfortunatelly in Brazil companies normally put in their contracts a low pay back (normally 30%) in order to discourage customers to give up completing the purchase and the only way to have a reasonable return is sueing them.

 

[Blc]

Hi
I bought 2 apartments 2 years ago. However due to the current climate I fell behind on the payment terms. I informed the developer of this and tried to come to an agreeable solution with them, they were not interested! I have just learned after months of arguing and being ignored that they have cancelled my contracts. They did not even have the courtesy to tell me they were about to do it. They have now said that I am entitled to only 30% of what I have paid so far.
Can I ask were do you think I stand? What options do I have and do I stand a chance of being able to recoup any of this? Or do i just have to cut my lossed?

Thanks for your help.

Ps the developer is Capuche

For the developer to cancel your contract he would have needed to serve you notice if he did not you have a good case . In my experience 30 % is the normal.

 

[MDV]

Hi
I bought 2 apartments 2 years ago. However due to the current climate I fell behind on the payment terms. I informed the developer of this and tried to come to an agreeable solution with them, they were not interested! I have just learned after months of arguing and being ignored that they have cancelled my contracts. They did not even have the courtesy to tell me they were about to do it. They have now said that I am entitled to only 30% of what I have paid so far.
Can I ask were do you think I stand? What options do I have and do I stand a chance of being able to recoup any of this? Or do i just have to cut my lossed?

Thanks for your help.

Ps the developer is Capuche

In my opinion you are bound by the contract conditions, and if these clearly stated that you would only get 30% refunded in the event of a cancelled contract then that is all you will get.........why would you expect to get more. I would also suspect that there is also an automatic cancellation clause in your contract that states after a set amout of defualts on payments your contract is cancelled, while it is a pity you have lost your money, you also need to look at the developers side of the issue, how long could he afford to keep your apartments while you decided how to pay, you would find the very same result in England if you entered into an agreement and then defaulted on the terms, so why would it be any different in Brazil.
I would also say that you would be wasting even more money by trying to persue this through the court system in Brazil, regardless of how many lawyers tell you it is possible, try getting one of them to work on a result only fee basis and you will soon find out.
Yes I work in property.