The second section of the Superior Court (STJ) announced a decision that validates the contractual clause that transfers to the consumer the obligation to pay the brokerage commission on the sale of real estate. The STJ, however, emphasizes that the forecasting of this charge must be previously informed and explicitly to the buyer.

STJ understands, however, that it is abusive to impose on the buyer the payment of the technical-real estate service fee (SATI), which corresponds to 0.8% of the value of the new property, and is intended for Construction lawyers for having drawn up the contract and by responding by correlated business services. According to the STJ rapporteur, Minister Paulo de Tarso Sanseverino, the SATI rate is configured as a provision of services inherent in the contractual process itself.

" The STJ decision has come to pacify long-term jurisprudential divergence. The Majority understanding that was adopted by the courts was by the application Principle of the relativity of the effects of contracts, that is, the liability by payment of the property brokerage rate should be of the person linked to broker, , usually by market practice, This is the incumbent / seller, once there is no contractual relationship between the broker and the buyer. STJ understanding is in the sense that it is perfectly possible to transfer of the charge, provided that respected the principle of information, ie consumer to have science, in the act of contract conclusion, price total of purchase, Specifying the value of the brokerage commission ",

Clarifies Rafaella Marcon , Labor Area Lawyer of Carpena Associated Advocates.