Responsabilidade civil das incorporadoras para liberar financiamento imobiliário junto às instituições financeiras e a elevação da taxa Selic no mercado brasileiro de 2021

Abstract

The greatest desire of Brazilians is to acquire their own home. However, the big amount of financial information that is presented to the promissory buyer, such as: amortization system, monetary correction index, index, national civil construction index (INCC), national price index at (IPCA), selic rate, among others, are issues that cause the main doubts when it comes to buying a property financed in the plan. It is in this Brazil's social and economic context, that Brazilians eager for real estate credit, saw at the end of 2021, the country's main financial institutions increase your mortgage rates. This is because, in the real estate sector, if the Selic rate rises, there is a direct influence on financing contracts real estate and, those who wait for financing, start to pay more for the immobile. In the present work, we sought to answer the following question: Is there civil liability of companies incorporating real estate units when they delay forwarding documents from the prospective buyer to release of real estate financing from the financial institution and, in this period, Is there an increase in the Selic rate, impacting real estate financing? For To respond to the problem, we sought to understand the real estate market with undertakings in the plan, criteria for releasing financing housing by financial institutions and objective civil liability of the supplier. The theory of civil liability for loss of a chance was invoked to subsidize the obligation to repair the material and moral damages suffered by the prospective buyers. Finally, the author's remarks.