Ruling on divergence appeals in EAREsp 2,422,743 on 23 September, the STJ’s Second Section unanimously held that a bank acting solely as the lender to a real estate development cannot be named as a defendant in buyers’ claims for construction defects or delivery delays. According to reporting Justice Maria Isabel Gallotti, monitoring construction progress and releasing funds accordingly are features of the financing contract, unless the agreement expressly assigns construction obligations to the fiduciary creditor.
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