Judge Denies Termination of Million-Dollar Contract in Barueri: Investors Purchased 14 Properties and Now Owe Over R$ 300,000

Written by Maria Heloisa Barbosa Borges

Published on 27/09/2025 at 16:56

Em Barueri, juiz negou rescisão de contrato de investidores que compraram 14 imóveis e agora devem mais de R$ 300 mil, mantendo a validade do acordo.

27 pessoas reagiram a isso.

Investors Purchased 14 Properties for Rental Purposes, but the Decision of the 3rd Civil Court Dismissed Allegations of Irregularities.

A recent ruling in Barueri (SP) brought to light the controversy regarding the application of the Consumer Defense Code in large-scale business transactions. The case involves two investors who purchased 14 properties in a hotel development, but sought annulment of the contract citing structural issues.

According to ConJur, Judge André Frederico de Sena Horta of the 3rd Civil Court denied the request and concluded that it was a relationship of investment, of a civil and business nature, and not consumer-related. As a result, the plaintiffs remain obligated to pay over R$ 300 thousand in overdue installments and fees.

Why the CDC Wasn’t Applied

The central point of the ruling was the differentiation between consumer contracts and investment contracts. Since the buyers admitted that the goal was to rent the properties to tourists, the relationship was classified as business-oriented. In this type of transaction, there is no automatic consumer protection against contractual clauses, with what was agreed upon by the parties prevailing.

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The construction companies also emphasized that the development was regularized and safe, rejecting any possibility of construction defects. Furthermore, they filed a counterclaim to ensure the collection of the debt accumulated by the investors.

Termination vs. Rescission: What Was at Stake

The judge highlighted the distinction between contract termination and contract rescission. While termination occurs when there are defects in the contract or flaws justifying its nullity, rescission is an act of mere withdrawal. In this case, the plaintiffs alleged safety flaws, but the technical report proved there were no irregularities.

In practice, the magistrate concluded that the investors sought to withdraw from the deal due to regret, not due to any real defects in the work. Since the contract provided for clauses of irrevocability and unretractability, there was no legal basis to accept the unilateral withdrawal.

The Weight of the Technical Expertise

One of the determining factors was the conducting of an engineering audit to verify the alleged problems with the diesel oil storage tanks of the generators. The report conclusively stated that there was no risk of explosion or violation of technical standards, dismantling the main thesis of the lawsuit.

Without evidence of irregularities, the judge dismissed any liability from the construction companies and upheld the full validity of the contract.

Consequences for Investors

With the ruling, the investors remain bound by the contract and will have to pay the debt of R$ 300 thousand, in addition to continuing to meet future obligations. The case reinforces the importance of understanding that large-scale contracts made with profit intent do not enjoy the same protections applicable to regular consumers.

Experts point out that decisions like this should serve as a warning to those looking to invest in real estate as a revenue strategy. The contract needs to be analyzed carefully, as irrevocability clauses drastically limit the possibility of withdrawal.

The sentence in Barueri highlights how the Justice system differentiates between business contracts and consumer contracts and emphasizes the validity of contractual clauses in million-dollar investments. For investors, the lesson is that unmotivated withdrawals rarely find judicial support.

And you, do you believe that investors should have more flexibility to break million-dollar contracts when they feel harmed?

Or do you think the judge’s decision was correct in maintaining contractual rigidity? Share your opinion in the comments; we want to hear different views on this case.

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Judge Denies Termination of Million-Dollar Contract in Barueri: Investors Purchased 14 Properties and Now Owe Over R$ 300,000

Investors Purchased 14 Properties for Rental Purposes, but the Decision of the 3rd Civil Court Dismissed Allegations of Irregularities.

Why the CDC Wasn’t Applied

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Termination vs. Rescission: What Was at Stake

The Weight of the Technical Expertise

Consequences for Investors

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Judge Denies Termination of Million-Dollar Contract in Barueri: Investors Purchased 14 Properties and Now Owe Over R$ 300,000

Investors Purchased 14 Properties for Rental Purposes, but the Decision of the 3rd Civil Court Dismissed Allegations of Irregularities.

Why the CDC Wasn’t Applied

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Termination vs. Rescission: What Was at Stake

The Weight of the Technical Expertise

Consequences for Investors

China has been trying for 13 years to build a railway in the Gobi Desert to reach Mongolia, and there are still 20 kilometers left that no one can finish due to a problem that seems impossible to solve.

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

3,500-year-old tear discovered reveals a textile technique much more advanced than previously thought in the Bronze Age.

Chinese cities surprise the world by installing cannons on construction sites that shoot atomized mist with a range of 120 meters to knock down airborne dust particles. The equipment reduces suspended dust by up to 90%, and 61 municipalities opened bids for the system in a single year.

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