Litígio Imobiliário e Resolução de Disputas Complexas | Dr. Dario Carneiro
Specialized Services > Real Estate Litigation

Strategic Real Estate Litigation:
Asset protection in court and arbitration.

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.

Specialized Scope

Highly complex real estate litigation in the courts.

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.

High-Performance Litigation

Our approach combines technical expertise with strategic intelligence, seeking to mitigate and resolve financial losses efficiently.

  • Urgent Preliminary Injunctions (Guardianship Orders)
  • Early Production of Expert Evidence
  • Judicial Freezes of Financial Assets
Practical Specialties

Critical Areas of Action and Risk Mitigation

We develop tailored strategies for both document prevention and highly complex litigation.

Judicial Termination of Contracts and Cancellations

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.

Possessory Actions and Defense of Property

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.

Compensation for Construction Defects

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.

Asset Guarantee

Our Differentiators in Conducting Legal Proceedings

Focus on Preliminary Injunctions

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.

Advanced Asset Tracking

We use advanced technological tools to locate hidden assets of construction companies or debtors, ensuring that the judgment translates into money in their pockets.

Customized Judicial Mediation

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.

Legal Clarifications

Frequently Asked Questions and Answers from Experts

What is the retention limit for the construction company in the event of a contract termination at the buyer's request?

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.

How long do I have to sue the construction company for defects in the property?

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.

What is needed to obtain a preliminary injunction for repossession?

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.

Can I suspend payment of installments if the construction is visibly behind schedule?

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.

Protect your assets with those who master real estate legal engineering.

Contact us directly and schedule a strategic meeting to analyze your case with complete confidentiality and dedication.

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