Nathalia Brum
Lawyer at Marcos Martins Advogados
In a recent decision, the 4th Panel of the Superior Court of Justice (STJ) ruled that the broker, responsible for intermediating the purchase and sale of the property, cannot be held liable for the damages caused to the buyer as a result of the delay in the delivery of the property by the seller.
The São Paulo Court of Justice had jointly and severally condemned the developer, the builder and the broker for the material damage suffered by the consumer as a result of the delay in the delivery of the property.
However, in the judgment of the Special Appeal filed by the broker, the 4th Panel of the STJ held that it was not possible to hold the broker liable for damages arising from the delay in delivery of the property, since there was no connection between its conduct (intermediation of the deal) and the damage caused by the seller’s failure to comply with the purchase and sale agreement.
In the vote that prevailed in the appeal, Justice Maria Isabel Gallotti argued that, as there was no failure to provide the intermediation service, or involvement of the broker in the development or construction of the property, it is not possible to classify it as part of the supply chain to justify its condemnation for the damage caused to the buyer.
Thus, by a majority vote, the brokerage firm’s appeal was partially granted, dismissing its liability for damages caused to the buyer as a result of the delay in the delivery of the property.
AgInt no RECURSO ESPECIAL Nº 1.779.271 – SP (2018/0297009-0)
