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Contract Cancellation for Off-Plan Apartments in Brazil

Since Law 13.786/2018, buyers who cancel an off-plan purchase receive a refund minus a penalty of up to 25% of the paid amounts, or up to 50% if the development has segregated assets (patrimônio de afetação), in addition to brokerage fees. If construction is delayed by more than 180 days past the deadline, the buyer has the right to cancel with a full refund.

By Lucas Baêta. Updated on October 4, 2026.

The General Rule

Law 13.786/2018, known as the Contract Cancellation Law (Lei do Distrato), amended Law 4.591/1964 and defined what happens when a buyer cancels an off-plan purchase:

  • the developer can retain up to 25% of the total amount paid;
  • if the development is under segregated assets (patrimônio de afetação), retention can reach up to 50%;
  • brokerage fees may also be deducted;
  • the refund timeframe depends on the legal structure of the development and is specified in the contract.

Construction Delays

Contracts may include a grace period of up to 180 days. Beyond this period, the buyer can cancel the agreement and receive a full refund, adjusted for inflation, plus any penalty fee specified in the contract. Buyers who choose to keep the apartment are entitled to compensation for the delay.

Right of Withdrawal

For purchases made at sales offices or outside the developer's headquarters, buyers can withdraw from the contract within 7 days of signing, receiving a 100% refund, including brokerage fees.

The Summary of Terms

All these rules must be clearly outlined in the summary of terms (quadro-resumo) section of the contract. Review it carefully before signing, and follow our step-by-step guide on how to buy an off-plan apartment in Brazil.

Frequently asked questions

How much do I lose if I cancel an off-plan apartment contract?

Under Law 13.786/2018, you may lose up to 25% of what you paid, or up to 50% for developments with segregated assets (patrimônio de afetação), plus brokerage fees. The exact percentage is detailed in your contract.

Can I cancel the purchase if construction is delayed?

Yes, if the delay exceeds the standard 180-day grace period. In this case, you are entitled to a full refund adjusted for inflation.

Informational content; it does not replace advice from a lawyer or accountant for your situation.