By Ministerial Resolution No. 32/2022 of July 4, 2022, the Ministry of Justice and Institutional Transparency regulated Supreme Decree No. 4732, creating the computer system for the certification of registration of models of real estate contracts.
The purpose of the aforementioned Supreme Decree was to establish provisions aimed at the regulation, prevention of abusive clauses and abusive commercial practices in the so-called "pre-sale contracts of real estate", through the regulation it is clearly defined that the mechanism established for the prevention of these situations will be the certification of models of adhesion contracts.
REQUIREMENTS FOR CERTIFICATION
The parameters for certification that had been defined by the Supreme Decree, focus on various requirements such as: the identification of parties and intermediaries; the description of the project; documents proving the right to own the immovable property; documents proving the disposition of immovable property; construction documents approved or entered into the municipal government; and others.
PROCEDURE FOR CERTIFICATION
The regulation establishes that to obtain the certification of the "real estate pre-sale contracts" the following steps will be followed:
- Submission of the application with digital citizenship through the SIRCI system, which will be incorporated into the website of the Ministry of Justice and Institutional Transparency.
- Attach the adhesion contract or contracts to be certified and their required endorsements.
- Make the affidavit of the information sent in the same system. This affidavit must establish all the information relating to the contract, as well as the declaration by the applicant that the contract does not contain unfair terms.
- All information will be verified by technicians in the area of architecture, engineering or construction and legal technicians.
- Finally, the Vice Ministry of Defense of user and consumer rights will issue a "Certificate of registration of model contract of adhesion free of abusive clauses", which will have PDF format and digital signature.
The deadline established by the Regulation for the issuance of the certificate is 24 hours, once the established requirements have been met.
The certification of the contract will be in force as long as it is not modified. In case of modifications, a new certification must be requested.
These rules provide for the following infringements:
- The modification of certified contracts, without these having been registered by the Vice Ministry.
- Grant validity to contracts that contain abusive clauses observed by the Vice Ministry.
- Sign contracts without having the certification of not containing abusive clauses.
These infractions and their respective sanctions will be processed in accordance with the Regulations of Procedure of Claims, Review and Sanctioning Regime of the User and Consumer Service Center.
This regulation is in force as of today, July 25, 2022.
Do not hesitate to contact us to receive personalized advice on the preparation and certification of "Real Estate Presale Contracts".