In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) established that the purchase and sale contract between private individuals of a plot that has not been regularly registered is null and void, regardless of whether the buyer is aware of these irregularities. Understand the case.
Buyer takes legal action
In the case in question, the seller of the plot included in the contract for the sale of the plot the information that the property was not registered and that there was a public civil action in progress, brought by the Public Prosecutor’s Office, concerning the area.
The buyer of the plot initially accepted these conditions, but later filed a declaratory action for the nullity of the legal transaction and obtained a favorable ruling, confirmed by the TJSP.
What did the seller’s defense say?
The lot seller’s defense argued that the prohibition on the transfer of ownership of irregular property only applies to contracts signed between construction companies, developers or the like with consumers, but the appeal’s rapporteur, Justice Nancy Andrighi, decided to dismiss this argument, stating that the rules for the subdivision and dismemberment of urban areas are expressly set out in Law No. 6.766/1979, which does not differentiate whether the lot is the result of a real estate development or not.
Thus, the magistrate recognized the applicability of the aforementioned law to legal transactions signed between private individuals.
Conclusion of the case
Subsequently, based on the provisions of Article 37 of the Law, the minister concluded that the sale or promise of sale of a plot of land in an unregistered subdivision was prohibited.
This is because, in the event that the subdivider does not request approval from the town hall to begin the urbanization of the plot, the subdivision is configured as clandestine, and its sale is prohibited, even if there is agreement and the express expression of will by both parties to carry out the deal.
Conclusion
This decision filled gaps in the Brazilian legal system, consolidating the applicability of Law 6.766/1979 to legal transactions between private individuals. In addition, it reinforced the impossibility of clandestinely selling plots that have not been duly registered, even if the buyer is aware of this and agrees to it.
In short, this decision has contributed to strengthening legal certainty in Brazilian law, by closing loopholes that could allow illicit deals to be concluded, which have the potential to generate significant losses for the buyer at a later date.
Questions?
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