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São Paulo court caps contractual retention at 25% in a timeshare agreement on grounds of excessive burden

In a ruling reported on September 16, the 1st Civil Court of Olímpia (State of São Paulo) ordered the developer to refund 75% of the amounts paid by a buyer who sought termination of a timeshare purchase agreement. Although the penalties formally complied with the Brazilian Termination Act (Law No. 13,786/18), the court held that enforcing them in full would create an excessive burden and unjust enrichment.

Read the full article: Migalhas

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