Termination of an off-plan property purchase · SPD Advocacia
Want to back out of an off-plan property? Find out how much the builder must refund
Termination of off-plan apartment and lot purchases, maximum withholding under the law, refund deadlines and termination due to delay or the builder's fault.
Straight answer
How much can the developer keep when the contract is terminated?
Under the Termination Law (Lei do Distrato), when the buyer withdraws from an off-plan property, the developer may deduct the brokerage commission and a penalty of up to 25% of the amount paid, or up to 50% if the project has segregated assets (patrimônio de afetação), plus expenses if the buyer was already living in the property. In land subdivisions, deductions have their own limits, such as a penalty and expenses of up to 10% of the contract value. If the termination is the builder's fault, such as late delivery, the refund must be full. Contracts signed before the 2018 law and abusive clauses deserve specific analysis.
What the law says
Key points
Of the amount paid, without a segregated estate (patrimônio de afetação).
When there is a segregated project estate (patrimônio de afetação).
Deduction of up to 10% of the contract, with specific rules.
Full refund.
Source: Law 4,591/1964, art. 67-A; Law 6,766/1979, art. 32-A (added by Law 13,786/2018); STJ Precedent 543.
What is your case?
Situations the firm handles
The buyer can no longer pay
Calculation of the withholding under the law.
Law 4,591/1964, art. 67-ABuilder's fault
Full refund and compensation.
STJ, Precedent 543Subdivision
Deduction limits under art. 32-A.
Law 6,766/1979, art. 32-A7-day right of withdrawal
Withdrawal without penalty within the legal period.
Law 4,591/1964, art. 67-A, § 10Segregated assets (patrimônio de afetação)
Refund up to 30 days after the occupancy permit (habite-se).
Law 4,591/1964, art. 67-A, § 5Signed before 2018
Review based on the case law of the time.
Case reviewStep by step
How the firm works
- Review. We review the documents and the best path, administrative or judicial.
- Documents. We tell you what is missing and organize the evidence.
- Request. Request, notice or lawsuit, with an urgent request when appropriate.
- Follow-up. Progress through to resolution, with updates via WhatsApp.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Can the builder keep everything?
No. The law limits deductions, and clauses that take everything from the buyer can be reviewed.
When do I get the refund?
It depends on the development's regime: up to 30 days after the occupancy permit (habite-se), if there is a segregated estate (patrimônio de afetação), or in a single payment 180 days after the termination, in other cases.
What if the construction was delayed?
If the builder is at fault, a full refund is due and, depending on the case, compensation.
Is it worth renegotiating instead of cancelling?
Sometimes, yes. We analyze both options before any decision.
Do you serve clients from other states?
Yes. The firm is based in Anápolis-GO and serves clients from every state online.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.