Full compliance with the property purchase and sale agreement makes it impossible for the consumer's willingness to be given down

in a recent decision, the Superior Court has decided that the full compliance with the property purchase and sale contract that the buyer gives up the business and cannot require the application of the rules provided for in the Consumer Protection Code.

In the case under analysis, the buyer would have claimed before the judiciary the termination of the contract entered into, alleging non -compliance by the seller, considering that the property would not have been delivered in full, as some of the common areas of construction would not have been completed.

However, since the contract was already paid and the obligations of both parties were fulfilled, the legal business, according to the Court's understanding, was extinguished, so that the discharge removes the claim of the Consumer to exercise the right of withdrawal, provided for in the consumerist legislation, to enable the undoing of the business. This is because the right of withdrawal is justified only in cases where the benefits become unbearable to the consumer, which was not verified in the present case.

Thus, the STJ stressed that the breaking of a contract already fulfilled, due to the unmotivated withdrawal of the buyer, would cause legal uncertainty in the market, because verified contradictory and Africultural behavior to good faith. >