Brokerage fee can only be informed when signing the contract

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The cost of the brokerage commission can only be transferred to the consumer at the time of signing the contract, as long as this information is clear. The understanding was unanimously established by the 4th Panel of the Superior Court of Justice. reproduction Minister Isabel Gallotti understood that the contractual clause that transfers to the buyer the obligation to pay the brokerage commission in promissory purchase and sale contracts under a real estate development regime is not abusive, as long as the total purchase price is previously informed.

The rapporteur, Minister Isabel Gallotti, understood Iran Telegram Number Data that the contractual clause that transfers to the buyer the obligation to pay the brokerage commission in purchase and sale contracts under a real estate development regime is not abusive, as long as the total purchase price has been previously informed. "If there is no proof of prior awareness to the consumer, the brokerage commission must be reimbursed. Therefore, it is the construction company's responsibility to return to the buyer the amounts disbursed to pay brokerage expenses", says the minister.



In the case analyzed, there was no prior information about the amounts charged, because the documents that clarified the consumer's obligation to pay the brokerage commission and respective amounts were signed on the same day as the purchase and sale promise. "The coincidence of dates would mean that the information provided to the consumer was not prior to the contract and, therefore, would constitute an offense against the Consumer Protection Code", explains the minister. However, she stated that, in this case, the consumer was not harmed. According to the rapporteur, the parameters set by the CDC and the understanding of the STJ in REsp 1,599,511, judged under the rite of repetitive appeals, validate the transfer of payment of brokerage fees to the buyer.