Post by fiweka1494 on Feb 27, 2024 3:53:11 GMT -6
The most important documents in a real estate negotiation are the contracts, both for the purchase and sale, as well as for the rental of properties. And it is important that all people involved in these transactions are aware of all clauses, fees and fines that may be included in these contracts. And also be willing to commit and take responsibility when signing these papers. Property rental or sales contracts often contain important instructions and terms. And these items are established by real estate laws, in the case of rental contracts, the clauses are based on the Tenancy Law ( Law No. 8,245 ) and property purchase and sale contracts are based on Law No. 4,591 . In both cases, the Consumer Protection Code can also be consulted, specifically the 4th of art. 54 of Law No. 8,078, of September 11, 1990 . Typically these documents involve three people: the seller or lessor; renter or buyer and a real estate agent or real estate broker. All parties must be aware of contract specifications and know the fees and fines that may be charged in these transactions. This is the main way to build a good negotiation, and make the transaction easier for all parties.
And in some cases, it is a good idea to consult a lawyer to protect everyone involved. Check below the fines and fees that may be present in real estate rental and purchase and sale contracts: Rental contracts rent contract In the case of the rental model, tenants are responsible for small repairs, extra condominium fees, maintenance of the property and external areas, water and electricity bills, sewage fees, garbage and other complementary bills. The installation of water, energy, fines prior to the contract, works, extra expenses, taxes, fire insurance and other fees must be paid by the owner. Except situations that are specified in the contract. Intermediation fees are also the responsibility of the Business Owner Phone Numbers List owner. Fines in rental contracts In most contracts, there is a fine in the event of cancellation (contract termination). Real estate laws state that there are two types of cancellation: Contractual real estate: whose termination or annulment is already provided for in the contract; Judicial real estate: where termination or annulment has not been agreed between the parties. In these cases, there is a fine that must be agreed by the party that wants the cancellation. Anyone renting can terminate the contract at any time, as long as they pay the fine. And if the owner wishes to terminate the contract or wants to sell the property, he must make an agreement with the tenant. If none of these situations occur, the owner must pay the termination payment and give the tenant a period of 30 days to vacate the residence.
When the decision comes from the landlord, the fine may be applied if the tenant leaves before 12 months or if he does not respect the prior notice. It is proportional to the period of fulfillment of the contract. According to the law, the fine cannot exceed 10% of the total value of the contract. The value is calculated proportionally to the remaining contract time. Generally rental contracts are for 30 months. In this case, considering the 10% ceiling established by law, the fine would be 3 months' rent. Example: João signed a 30-month contract, but wanted to leave with 10 months left in the contract period. Let's assume the rent Total amount of fine for the 30-month contract Monthly rental value = R$1,000 Fine provided for in the contract = 3 months of rent Total fine amount for 30 l value of the fine per month of contract Total value of the fine = R$3,000 Total contract duration = 30 months Proportional amount of the fine per month: R$3.000 / 30 = R$100 Final amount of the fine that will be charged for the remaining months of the contract Proportional value of the fine per month of contract = R$100 Remaining months of contract = 10 Final value gives fine for 10 missing months of contract: 100 x 10 = R$ 1.000 The final amount to be charged in the fine, in João's case, would be R$1,000, referring to the remaining 10 months of the contract. Website ready for real estate agents and real estate agencies.
And in some cases, it is a good idea to consult a lawyer to protect everyone involved. Check below the fines and fees that may be present in real estate rental and purchase and sale contracts: Rental contracts rent contract In the case of the rental model, tenants are responsible for small repairs, extra condominium fees, maintenance of the property and external areas, water and electricity bills, sewage fees, garbage and other complementary bills. The installation of water, energy, fines prior to the contract, works, extra expenses, taxes, fire insurance and other fees must be paid by the owner. Except situations that are specified in the contract. Intermediation fees are also the responsibility of the Business Owner Phone Numbers List owner. Fines in rental contracts In most contracts, there is a fine in the event of cancellation (contract termination). Real estate laws state that there are two types of cancellation: Contractual real estate: whose termination or annulment is already provided for in the contract; Judicial real estate: where termination or annulment has not been agreed between the parties. In these cases, there is a fine that must be agreed by the party that wants the cancellation. Anyone renting can terminate the contract at any time, as long as they pay the fine. And if the owner wishes to terminate the contract or wants to sell the property, he must make an agreement with the tenant. If none of these situations occur, the owner must pay the termination payment and give the tenant a period of 30 days to vacate the residence.
When the decision comes from the landlord, the fine may be applied if the tenant leaves before 12 months or if he does not respect the prior notice. It is proportional to the period of fulfillment of the contract. According to the law, the fine cannot exceed 10% of the total value of the contract. The value is calculated proportionally to the remaining contract time. Generally rental contracts are for 30 months. In this case, considering the 10% ceiling established by law, the fine would be 3 months' rent. Example: João signed a 30-month contract, but wanted to leave with 10 months left in the contract period. Let's assume the rent Total amount of fine for the 30-month contract Monthly rental value = R$1,000 Fine provided for in the contract = 3 months of rent Total fine amount for 30 l value of the fine per month of contract Total value of the fine = R$3,000 Total contract duration = 30 months Proportional amount of the fine per month: R$3.000 / 30 = R$100 Final amount of the fine that will be charged for the remaining months of the contract Proportional value of the fine per month of contract = R$100 Remaining months of contract = 10 Final value gives fine for 10 missing months of contract: 100 x 10 = R$ 1.000 The final amount to be charged in the fine, in João's case, would be R$1,000, referring to the remaining 10 months of the contract. Website ready for real estate agents and real estate agencies.