In the real estate market, delays in the delivery of real estate are not limited to a mere contractual infraction. They directly reverberate consumer confidence, impact the developer’s reputation and can trigger litiges with lasting effects on the company’s financial performance and institutional image.
The contemporary consumer is informed, demanding and attentive. A mismatch between the promised and the actually delivered, albeit technically justifiable, can be interpreted as neglect or lack of transparency, feeding judicializations that could often have been avoided with simple but structured preventive measures.
Often, lawsuits do not result from significant delays or obvious constructive delays, but from the absence of robust governance on deliveries and failure to manage customer expectations throughout the process.
Performance indicators and continuous technical documentation
The prevention of disputes begins with the thorough control of the performance of the works. The adoption of specific performance indicators for the planning, execution, finishing and delivery steps allows you to identify deviations in advance and act before the problem takes legal proportions.
In this context, technical documentation is a central element of the strategy. Periodic reports, photographic records, minutes of detailed surveys and daily work become fundamental technical evidence. More than management instruments, these documents act as defensive shields in any disputes, highlighting the fulfillment of contractual obligations and the existence of plausible justifications for any reprogramming in the schedule.
Team training and communication governance
Communication with the client, when it is neither professionalized nor integrated into the value chain, becomes fertile ground for noise and distortions. Incorporators who enable their service teams, from post-sales commercial, to maintain a clear, documented and aligned communication with legal guidelines significantly reduce friction and strengthen the relationship with the consumer.
Systematically register interactions with customers, whether doubts, suggestions, complaints or notifications, creates a documentary base that contributes directly to the prevention of conflicts and reinforces the legal position of the company in any disputes. These records form a cohesive narrative, capable of highlighting good faith, diligence and commitment to the consumer.
Legal integration and multidisciplinary performance
The existence of legal nuclei specializing in incorporation and civil construction, directly integrated into the operational and service areas, expands the company’s preventive response capacity. These nuclei should not only react to lawsuits, but map recurrent causes of judicialization and act as agents of continuous improvement.
This performance includes the revision of contractual clauses, the guidance on the language of advertising materials and the technical analysis of delivery and warranty documents. The approach of the legal with the areas of marketing, engineering and commercial reduces the risk of misinterpretations, strengthens institutional coherence and contributes to a culture of compliance.
CONTRACTUAL COMPLIANCE AND PERMANENT UPDATE
In the real estate sector, treating the contract as a simple checklist or as a standardized model is a common mistake that can be expensive. Contractual compliance is an essential part of the developers’ legal governance and directly impacts the prevention of disputes, the safety of deliveries and the trust that the market deposits in the company. Poorly formulated or outdated clauses, especially in adhesion contracts, increase the risk of lawsuits and sanctions applied by the consumer protection bodies.
Keeping updated contracts requires permanent attention to applicable legislation, especially the Consumer Protection Code, the Incorporations Law and the ABNT rules governing civil construction. It is also crucial to closely monitor the jurisprudence of the courts, which directly influences the interpretation of clauses on tolerance deadlines, justified extensions, force majeure events, post-interregular obligations, responsibilities for repairs and guarantees.
More than being in accordance with the law, it is necessary to communicate clearly. The way information is presented to the consumer, whether in the contract, descriptive memorial, advertising materials or delivery documents, it needs to be objective, accessible and coherent. When there is a mismatch between what is promised and what is documented, the chances of the customer feels injured and seeking reparation in the judicial way.
Compliance is not the exclusive task of the legal, nor is it limited to the revision of clauses. It must be an integrated, continuous and collaborative process involving the commercial, technical, marketing and customer service areas. When well structured, this joint effort brings concrete gains: it reduces the number of lawsuits, increases the safety in the conduct of projects and strengthens the image of the developer before the market and the regulatory authorities.
Prevention culture as a competitive advantage
Incorporators that internalize a culture focused on legal prevention, based on data, technical evidence and transparent relationship, not only reduce linking liability, but also stand out in the market for their ability to deliver credible and maintain customer confidence even in the face of unforeseen events.
Building well is premise. Delivering on time is differential. But communicating with excellence, maintaining coherence between discourse and practice and acting with transparency are attributes that consolidate reputation and strengthen the perpetuity of business. Confidence is built with solid bricks and clear words. In the real estate market, both foundations are indispensable.
*This text does not necessarily reflect the opinion of the young Pan.
