When negotiation fails, the response must be strategic. We work with consistent procedural solutions in complex and significant real estate disputes involving possession, contracts, and compensation.
Litigation related to Real Estate Law involves specific procedural rules, urgent preliminary injunction requests, and a profound need for the production of technical evidence (such as engineering expert reports and accounting audits). Facing a construction company, an investment fund, or a possessory dispute without a legal team focused on advanced procedural strategies results in severe financial losses and the freezing of real estate assets for years.
At the law firm Dr. Dario Carneiro Advocacia, we transform complex disputes into solutions. We develop tailored strategies to seek the forced resolution of contracts, the full restitution of amounts paid due to culpable delays in major projects, and the surgical handling of possessory actions (Reintegration, Maintenance, and Prohibitory Injunction) to recover or secure legitimate possession of urban or rural properties.
Our approach combines technical expertise with strategic intelligence, seeking to mitigate and resolve financial losses efficiently.
We develop tailored strategies for both document prevention and highly complex litigation.
We act in cases where the developer delays the delivery of high-end properties beyond the 180-day grace period. We legally pursue the termination of the contract due to the developer's exclusive fault, demanding the return of 100% of the amounts paid, in a single installment, duly adjusted, plus penalties and lost profits.
We protect luxury properties, land parcels, and farms against invasions, dispossession, or disturbances. We file repossession lawsuits with immediate preliminary injunction requests for forced eviction, using police force if necessary, along with claims for damages.
If your new property has serious cracks, structural leaks, or a finish that does not conform to the promised luxury specifications, we file injunctions to compel urgent repairs, under penalty of daily fines, in addition to compensation for moral damages and property devaluation.
We seek swift, urgent decisions to suspend payments, prevent the client's name from being negatively impacted, or recover possessions without waiting for the end of the legal process.
We use advanced technological tools to locate hidden assets of construction companies or debtors, ensuring that the judgment translates into money in their pockets.
We identify the exact moment in the process when the other party is vulnerable in order to propose highly advantageous financial settlements, shortening the litigation time.
According to the Contract Termination Law (Law 13.786/18), if the buyer withdraws from the deal without fault on the part of the developer, the retention can be up to 25% of the amounts paid, or up to 50% if the project has a segregated asset regime. However, if there are abuses, the Judiciary will readjust the amounts.
The legal warranty period for defects in the structural integrity and safety of a building is 5 years. However, for hidden defects (those not immediately visible), the period begins from the moment the defect is discovered. It is crucial to conduct a technical inspection quickly.
It is necessary to immediately provide documentary proof of prior possession of the property, the dispossession (the invasion or loss of possession) committed by the other party, and that this invasion occurred less than a year and a day ago (new possession), which authorizes the judge to grant the injunction without hearing the invader.
Yes, based on the 'Exception of Non-Performance of Contract' (Article 476 of the Civil Code). However, doing this on your own could lead to negative credit reporting. The correct course of action is to file a lawsuit with a request for an injunction to legally suspend payments without incurring penalties.
Contact us directly and schedule a strategic meeting to analyze your case with complete confidentiality and dedication.
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