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Lawyers Warn That Hidden Clauses in Off-Plan Property Contracts Can Raise Costs and Allow Delays Without Penalty.
Buying an off-plan property is an important step for many Brazilian families, but it can also turn into a financial and legal problem. According to the law firm Marcello Benevides Lawyers, the biggest mistake is signing the contract without understanding clauses that could double the installment amounts or allow delays of up to six months in delivery.
This carelessness puts the consumer in a vulnerable position since signing implies full acceptance of the contract.
Without appropriate guidance, the buyer may end up trapped in abusive and unexpected conditions, jeopardizing the dream of homeownership.
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Direct Financing with the Builder: Risk of Doubled Payments
One of the most common traps in off-plan property contracts is direct financing with the builder.
Many companies rely on the Price Table, a system that applies interest on interest (capitalization of interest), a practice prohibited for builders and developers.
In practice, installments starting at R$ 5,000 can double within a few years, without significantly reducing the outstanding balance.
According to lawyer Marcello Benevides, courts have already recognized the irregularity of this charge.
The recommendation is to require that the contract uses the Constant Amortization System (SAC), which better distributes payments and avoids the escalation of installments.
Grace Period Clauses: Delays of Up to Six Months
Another critical point for those purchasing an off-plan property is grace period clauses in delivery timelines.
Although the contract specifies a date, there is generally a legal provision for up to six additional months of tolerance.
This means that if the delivery is scheduled for December, the builder may only deliver in June of the following year without being considered in default.
For families planning a move, marriage, or investment, this delay can lead to significant emotional and financial losses.
How to Avoid Problems When Buying Off-Plan Property
According to specialists from the law firm Marcello Benevides Lawyers, the best way to avoid headaches is to read the contract with utmost attention and, if necessary, hire a lawyer to review the clauses.
Some essential measures include:
Verify the amortization system: avoid contracts with the Price Table from builders.
Calculate actual delivery timelines: always add six months of grace to the planning.
Understand cancellation rules: in case of withdrawal, comprehend how the refund process works.
Document all communications: keeping emails, addenda, and records can be decisive in disputes.
These simple precautions help reduce risks and protect consumers against abusive practices.
Is Off-Plan Property Always Risky?
An off-plan property can be a good investment opportunity, especially when purchased with planning and attention to contractual clauses.
However, signing without understanding the terms is the biggest mistake a buyer can make.
For lawyer Marcello Benevides, the recommendation is clear: “never sign without understanding all the conditions”.
This way, it is possible to turn the dream of homeownership into reality, without falling into legal and financial traps.
Buying an off-plan property requires caution, detailed contract analysis, and attention to clauses that may impact both the amount paid and the delivery timeline.
Ignoring these details can double installments and delay delivery by up to six months, jeopardizing the investment and the buyer’s security.
And you? Have you faced problems when buying an off-plan property or know someone who has gone through this situation? Do you believe contracts should be clearer?
Leave your opinion in the comments — we want to hear from those who have experienced this in practice.
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