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When The Dream Of Homeownership Becomes A Headache: Justice Determines That Real Estate Company Must Repair Property With Construction Defects And Compensate Woman After Structural Failures Put The Safety Of The Resident At Risk.
Buying the first property is often synonymous with achievement. But in this case, what should represent stability turned into a constant worry. A real estate company was ordered to repair property and compensate a woman after serious construction issues compromised the safety of the residence. The decision acknowledged the existence of a construction defect, determining not only the execution of corrective works but also the payment of damages for moral damages.
The case was judged by the 3rd Court of the District of São Gonçalo do Amarante, under the responsibility of Judge Denise Lea Sacramento.
Understand The Case: Financing Approved, Problems Later
The woman purchased the property in 2017 for R$ 115,000, through a purchase and sale agreement signed with the real estate company. Part of the amount was financed, using the house itself as collateral with the financial agent.
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Before the credit was released, the property underwent structural analyses. Only after that was the financing approved.
Two years later, in 2019, the first major problem arose: a leak in a pipe in the upper part of the residence. The resident contacted the responsible company expecting a definitive solution.
That is not what happened.
The repairs performed were superficial and ineffective. The leak continued. Water began to run down the ceiling, affecting the resident’s furniture and other belongings, causing material damage and preventing the proper use of the spaces.
As if that weren’t enough, images attached to the case showed mold spread and risk of collapse of the structure.
Technical Report Confirms Construction Defect And Serious Flaws
During the process, a technical expertise confirmed that the property had relevant flaws and that the execution of the work did not follow good engineering practices as required by ABNT standards.
Among the identified problems were:
- Lack of tying masonry with the upper beam, causing cracks and horizontal fissures
- Absence of waterproofing of the footing with sealing material, allowing soil infiltration
- Use of second-rate materials without stipulated useful life
The decision determined that the real estate company must repair the property by performing:
- Proper tying of the masonry with the upper beam
- Correct waterproofing of the footing
- Use of materials with stipulated useful life according to ABNT NBR 15.575
The NBR 15.575, known as the Performance Standard, establishes minimum criteria for safety, durability, and habitability for residential buildings.
The portal of the Brazilian Association of Technical Standards (ABNT) explains that the standard requires standards that ensure comfort and structural stability in homes.
According to industry experts, noncompliance with these requirements directly jeopardizes the safety of residents.
Consumer Relationship And The Real Estate Company’s Responsibility
The ruling recognized the existence of a consumer relationship between the parties. This means that the case is governed by the Consumer Defense Code (CDC).
Article 12 of the CDC establishes that the supplier is responsible, regardless of fault, for damages caused by defects in the product or service. The complete text can be consulted on the Planalto website, which provides updated federal legislation.
In analyzing the case, the judge highlighted:
“The moral damages, in this case, are clearly perceptible from the circumstances of the specific case related to housing safety.”
The statement reinforces that living under structural risk is not merely an annoyance. It is a situation that generates distress, insecurity, and emotional turmoil.
Compensation For Moral Damages: Amount And Correction
In addition to determining that the company must repair the property, the Justice condemned the real estate company to pay compensation of R$ 10,000 for moral damages to the woman.
The amount will be adjusted for inflation by the IPCA.
The National Consumer Price Index is the official inflation indicator in the country, calculated by the IBGE, and serves as a reference for updating judicial values.
The ruling recognized that the consumer was forced to live in the property without physical safety, dealing with leaks, mold, and structural risks.
Construction Defect: What Does Brazilian Legislation Say?
The so-called construction defect occurs when the work presents defects that compromise its quality, safety, or functionality.
The Civil Code also addresses the subject. Article 618 provides for the responsibility of the builder for the solidity and safety of the work for a period of five years.
According to the Superior Court of Justice (STJ), responsibility may extend when the defect compromises the safety of the building. The court has already consolidated the understanding that structural failures cannot be treated as mere natural wear and tear.
This means that the consumer is not responsible for losses resulting from technical errors or improper use of materials.
Housing Safety Is Not A Detail
The home is a protective environment. When leaks, fissures, and the risk of collapse come into play, the impact goes beyond financial.
Mold, for example, can cause respiratory problems. The World Health Organization (WHO) has already warned about the risks of prolonged exposure to humidity and fungi in enclosed spaces.
In this context, the judicial decision makes it clear that companies in the real estate sector need to act with technical responsibility.
Building is not just about raising walls. It is about ensuring safety, durability, and respect for the consumer.
What This Case Teaches Consumers?
Some points deserve attention:
- Keep contracts and communication records
- Document problems with photos and videos
- Request a technical report when necessary
- Seek legal guidance if the problem persists
When there is a construction defect, the consumer has the right to adequate reparation. If the company does not resolve it, Justice can determine that it is obligated to repair the property and compensate the consumer for the damages suffered.
Justice Recognizes Flaw And Reinforces The Responsibility Of The Real Estate Company
The condemnation of the real estate company reaffirms a basic principle: whoever sells a property must deliver something safe and in accordance with technical standards.
This is not just about aesthetics. It is about structural stability, health, and tranquility.
Cases like this reinforce that consumers are not unprotected. Brazilian legislation offers clear tools to demand reparation and compensation when there are construction flaws.
If you have ever gone through a similar situation or know someone who has faced problems with construction defects, share your experience in the comments. Your participation helps others understand their rights. And if this content was useful, send it to those who need to know that it is possible to seek justice.
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