Bahia Court orders real estate developer to indemnify couple

The Court of Justice of the State of Bahia (TJBA) has ruled that a real estate developer must indemnify a couple following the unilateral rescission of a property purchase contract without prior notice.

The 3rd Civil Chamber unanimously ordered the company to pay R$ 10,000 in moral damages, in addition to returning all invested amounts with interest and monetary correction. While the developer argued the rescission was due to payment delays, the court noted the delays were caused by health issues and that the couple had informed the company and settled the debt immediately upon receiving the rescission notice.

The magistrate highlighted that the developer's failure to provide a clear deadline for payment before terminating the contract rendered the notification invalid. Furthermore, the court noted that the developer had already sold the property to a third party, preventing the original buyers from maintaining the contract.