Buyers who paid off properties purchased off-plan may be entitled to recover amounts charged improperly through the National Construction Cost Index (INCC). According to experts, contract review can identify incorrect charges even after keys are handed over, with differences that can reach tens of thousands of reais.
Attorney specializing in Real Estate Law Luiz Fernando Pereira Busta, partner at Busta & Amaral Advogados, highlights that there is a myth that paying off the property ends the right to contest. However, the act of paying off the property does not automatically validate the regularity of the adjustments applied throughout the contract term.
Law No. 10,931/2004 establishes that monthly INCC adjustments are only authorized in contracts with a minimum commercialization period of 36 months. The irregularity occurs when the developer sets a last installment with a very low value and distant due date, merely to formally extend the contract term and justify the application of the index.
