CPCV: mandatory clauses and how to protect the buyer

The legal commitment and the sign

The Promissory Purchase and Sale Contract establishes the legal commitment between buyer and seller for the realization of the public deed within a stipulated period. Signing this document involves the payment of a financial signal, which usually ranges between ten and twenty percent of the total value of the property.

The current legislation dictates the rules regarding the capital transacted at this stage. If the buyer unjustifiably withdraws from the transaction, the down payment reverts to the seller. If the withdrawal comes from the seller, they are legally obliged to return the down payment twofold. However, the inclusion of specific clauses allows safeguarding situations of force majeure.

The foreclosure clause of financing

The inclusion of a resolution clause is an essential step for those who resort to bank credit. This paragraph ensures that the contract is canceled without any financial penalty if the bank institution refuses the final approval of the credit or if the property evaluation is well below the expected value.

The absence of this clause implies that, in case of financing refusal by the bank, the buyer loses the full amount of the deposit handed over to the owner. The formal registration of this condition in the document prevents the loss of invested capital and ensures the return of the money if the transaction does not proceed for reasons beyond the buyer's control.

Deadlines and verification of charges

The document needs to clearly define the deadline for the deed signing and identify the responsible party for scheduling it. The contract must also ensure that the property transfers to the new owner completely free of any liens or charges.

This legal requirement forces the seller to settle any previous mortgages and present the necessary evidence proving the absence of debts to the condominium or active liens on the property. In this way, the buyer ensures that they acquire the property without inheriting financial liabilities from third parties.

Evaluation of financing before the down payment

Ensuring financing approval before making legal commitments is the safest step in buying a home.

You can analyze market conditions and obtain pre-approval through the Poupança no Minuto, ensuring that you move forward to signing with total banking guarantee and stability.