In January of this year, Law 14.382/22 came into force, implementing the Electronic Public Records System (Serp). Among the innovations introduced is the possibility of extrajudicial compulsory adjudication of real estate.
Compulsory Adjudication is the right of the buyer to force the transfer of ownership of a property, provided he has fulfilled all his contractual obligations and the seller still refuses.
Until now, if such an obstacle was identified, the buyer had to go to court to enforce their right. With the advent of this law, the situation doesn’t have to end up in court and can be resolved more quickly.
Although the law dates back to January, it is only now, on September 15, 2023, that the National Council of Justice – CNJ, through Provision 150/23, has regulated the procedure for extrajudicial compulsory adjudication.
According to this provision, compulsory adjudication can be based on “any legal acts or transactions involving a promise to buy and sell or a promise to exchange, as well as those relating to assignments or promises to assign, provided that there is no exercisable right of regret”.
In a country where there are more than 70 million lawsuits in progress, the de-judicialization of some less complex situations certainly contributes greatly to the effectiveness of business relationships.
Marcos Martins Advogados is attentive to the latest case law and discussions in all areas of the Judiciary in order to provide adequate and effective advice to its clients.
