Takeaway: The Third Panel of Brazil’s Superior Court of Justice (STJ) ruled that the real estate broker and the company responsible for managing payment processing cannot be held liable for delays in the delivery of a real estate unit.

In a recent unanimous ruling, the Third Panel of the STJ held that the real estate broker and the company responsible for payment administration are not liable for construction delays in the delivery of a residential property.

The dispute arose from the purchase of a residential unit originally scheduled for delivery in January 2020. Facing significant construction delays, the buyers filed suit against the developer, the real estate broker, and the payment processor, seeking rescission of the purchase agreement and restitution of all amounts paid. The São Paulo Court of Appeals (TJSP) granted the claim and held all three defendants jointly liable for refunding the installment payments, customization charges, and brokerage commission.

The dispute arose from the purchase of a residential unit originally scheduled for delivery in January 2020. Facing significant construction delays, the buyers filed suit against the developer, the real estate broker, and the payment processor, seeking rescission of the purchase agreement and restitution of all amounts paid. The São Paulo Court of Appeals (TJSP) granted the claim and held all three defendants jointly liable for refunding the installment payments, customization charges, and brokerage commission.

According to the STJ, the real estate broker acts solely as an intermediary in the sale transaction and is only responsible for providing accurate information about the deal. The payment processing company handles the financial administration of the contracts, performing tasks such as issuing payment slips and transferring funds. As neither entity is part of the real estate development supply chain, they cannot be held liable for contractual breaches related to the delivery of the property.

In practical terms, STJ’s ruling enhances legal certainty for real estate brokers and payment processors by better defining the limits of their liability.

To read the full decision, click here.

The MAC Advogados team specializes in consumer law, contracts, and the real estate market, and is prepared to assist companies with contract structuring, allocation of liabilities, and litigation defense, offering reliable solutions aligned with the case law of the higher courts.