Blumenau developer ordered to pay damages for housing delay

A developer in Blumenau has been ordered to pay R$ 11,000 in moral damages following an 11-month delay in delivering a property purchased through the Minha Casa, Minha Vida housing program.

The 2nd Civil Court of Blumenau ruled that the delay occurred after the initial contractual deadline of January 26, 2024, and the subsequent 180-day grace period had expired. The developer argued that a financing agreement with Caixa Econômica Federal established a new construction schedule, but the court rejected this, stating that financing terms cannot override the delivery dates established in the buyer's purchase and sale agreement.

The court also dismissed claims of ‘fortuitous event’ or ‘force majeure’ related to severe weather in the Vale do Itajaí region. The ruling noted that such climatic events are recurrent and predictable in the area. Additionally, issues with contractors were deemed matters of corporate management. The judge granted moral damages due to the social nature of the housing program and the fact that the property represented the buyer's first home.