Brokerage · SPD Advocacia

Lawsuit to recover the brokerage fee? The STJ allows the charge when it is disclosed in the contract

The STJ (Brazil's Superior Court of Justice) considers valid a clause that transfers the brokerage commission to the buyer, provided that the total price and the commission amount were disclosed prominently. The defense also checks the limitation period, which as a rule is three years.

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Tema 938

When the brokerage fee may be charged to the buyer

In REsp 1.599.511/SP, the STJ's 2nd Section held valid the clause that transfers to the promissory buyer the obligation to pay the brokerage commission in contracts for units in a real estate development (incorporação imobiliária), provided that the buyer is informed in advance of the total purchase price, with the commission amount highlighted.

In the same ruling, the STJ held abusive the charging of the technical real estate advisory fee (SATI), or of any similar service, tied to the purchase commitment agreement. On this point, the defense focuses on the limitation period.

Limitation period

Three years, with a ten-year exception

The claim to recover brokerage and SATI fees becomes time-barred after three years, under art. 206, § 3º, IV, of the Civil Code (Tema 938, REsp 1.551.956/SP).

The exception is the termination of the contract because of a delivery delay attributable to the developer. In that case, the STJ applies the ten-year period of art. 205 of the Civil Code, counted from when the buyer learned that the refund was refused (Tema 1.099, REsp 1.897.867/CE, decision published on August 21, 2025).

Standing

Who is liable for the refund

In Tema 939 (REsp 1.551.968/SP), the STJ addressed the standing of the developer, as promissory seller, to answer for the refund of brokerage and SATI fees in lawsuits alleging that transferring these charges to the buyer was abusive. Reviewing the contract with the real estate agency helps define any right of recourse.

Requirements

What the defense examines

Summary table

Total price and brokerage fee highlighted before signing.

Receipts

Payment to the broker and amount of the commission.

Dates

Dates of payment and of filing, for the limitation period.

Reason for termination

Buyer withdrawal or construction delay.

Source: STJ, Tema 938 (REsp 1.599.511/SP and REsp 1.551.956/SP), Tema 939 (REsp 1.551.968/SP) and Tema 1.099 (REsp 1.897.867/CE); Civil Code, arts. 205 and 206, § 3º, IV.

What is your case?

Situations the firm handles

Clause

Buyer claims not to have known about the brokerage fee

Proof of the highlight in the summary table.

STJ, Tema 938

Limitation

Claim filed after three years

Three-year limitation period for the refund.

Civil Code, art. 206, § 3º, IV

Delay

Claim filed together with termination for delay

Analysis of the ten-year period of Tema 1.099.

STJ, Tema 1.099

SATI

Charge for technical advisory services

Assessment of limitation and of a settlement.

STJ, Tema 938

Real estate agency

Brokerage fee paid to a partner agency

Brokerage agreement and recourse.

Case analysis

Volume

Many similar lawsuits

Standardized arguments and documents.

Litigation management

This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

Assessment. We read the contract, summary table, receipts and the complaint.
Limitation. We check the dates of payment, termination and filing.
Defense. Statement of defense, hearings and appeals, with the STJ positions that apply to the case.
Portfolio. For developers with many lawsuits, we standardize arguments, reports and settlement criteria.

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Case review

Let us review your company defense

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 developer pass the brokerage fee on to the buyer?

Yes, if the buyer is informed beforehand, with the total price and the commission amount highlighted (STJ, Tema 938).

What is the deadline to claim a refund?

As a rule, three years. When the contract is terminated because of a delay attributable to the developer, the STJ applies ten years (Tema 1.099).

What about the SATI fee?

The STJ considers abusive the charging of SATI tied to the purchase commitment agreement. The defense assesses the limitation period and whether a settlement makes sense.

Do you serve companies from other states?

Yes. We work throughout Brazil, with electronic court filings and online meetings.

How does engagement work?

After the analysis, the firm sends a written fee proposal. For portfolios with many lawsuits, there is a monthly retainer.

Lawyer for developers in brokerage fee refund lawsuits

SPD Advocacia represents developers from all over Brazil in lawsuits seeking the refund of brokerage commissions and SATI fees.

STJ Tema 938

The clause that transfers the brokerage fee to the buyer is valid when the total price and the commission are disclosed prominently.

Limitation period

Three years as a rule, and ten years when the termination results from a delay attributable to the developer (Tema 1.099).

Informational content, in accordance with OAB (Brazilian Bar) Provision 205/2021. Each case depends on a review of the documents, and no result is promised.