The brokerage in the real estate incorporation: limits and possibilities in the light of binding precedents defined by the Superior Court of Justice in special repetitive resource (Themes 938 and 939)

Abstract

The scope of this article is analyse four controversies concerning real estate brokerage that were recently faced by the Superior Court of Justice. After brief introductory digressions, focused on the contextualization of the theme in the light of real estate incorporation, it is presented each matter affected to the judgment under the procedure laid down in article 543-C of the Code of Civil Procedure of 1973 (in force at the time of affectation), which resulted in the consolidation of themes 938 and 939. First of all, special reference is made to the main arguments that determined/influenced each of the Superior Court’s legal interpretations. Then, these legal interpretations are criticised, particularly based on real estate brokerage and sale of units in real estate incorporation’s special features. Finally, it is concluded that the Superior Court of Justice made an appropriate judgement concerning some controversial matters, however, the same can not be said to other themes, in which the Court did not considered certain points, that requires law professionals in court practices and real estate agents’s caution.