A real estate company was ordered to pay a R $ 9,000 indemnity for moral damages to a consumer who would have been the victim of fraud when purchasing a R $ 100,000 property through a brokerage firm linked to the defendant company. The decision is made by Judge Leonardo Augusto de Oliveira Rangel, the Special Civil, Criminal Court and the Public Treasury of Itapemirim, in the south of the state.
According to the applicant, she acquired the property through a defendant's broker, NLS, for the amount of R $ 100,000.00 (one hundred thousand reais), depositing R $ 20,000.00 in the broker's account and R $ 80,000.00 (eighty thousand) in the account of the second defendant. It turns out that, according to the same, shortly after possession of the property, he discovered that the broker was arrested, as he had not transferred the values and, yet, had reported wrong values. The plaintiff even lost possession of the property in a lawsuit, which was later recovered in an agreement signed at a conciliation hearing.
According to the ruling, the lawsuit deals with a consumer relationship originated in a brokerage service contract in which the plaintiff of the action and the defendant supplier are bound, therefore, the incidence of the Consumer Protection Code is applicable.
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“The Consumer Protection Code in its article 14, provides as follows: The service provider is responsible, regardless of the existence of guilt, for repairing the damages caused to consumers for defects related to the provision of services, as well as for insufficient or inadequate information about their enjoyment and risk. The CDC system, therefore, places responsibility on the supplier, regardless of his fault, for both the defective product and the defect in the provision of services, ”said the magistrate.
Also according to the judge who handed down the sentence, there is a lot of evidence regarding the fraud committed by the real estate broker, including reports on the subject. In addition, the property's sales plaque was in the name of the broker and the real estate company, and the broker also wore a badge in the name of the company and uniform, identifying himself as a sales manager, which implied that the company was in service of the defendant company.
For the magistrate, the real estate company did not present any alternative to minimize the loss of the consumer and, still, tried to impose on her the obligation to know that the contract offered by one of his agents was fraudulent, which, for the judge, is inadmissible.
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“Considering that the amount to be fixed will represent relief to the plaintiff due to the anguish experienced and will exercise, for the defendant, a punitive and preventive function of similar acts, as well as, considering that the plaintiff remained in debt, and also, taking into account the defendant's discretion to favor the claimant by refinancing the debt and the short period of undue maintenance, FIXED the indemnity for moral damage, in R $ 9,000.00 (nine thousand reais), an amount that will not, under any circumstances, the defendant's ruin. ”, concluded the sentence.
