Calculate contract termination or late delivery compensation for off-plan property (Law 13.786/2018).
Law 13.786/2018, known as the Distrato Law, organized what happens when an off-plan property contract is undone or the construction is delayed. This tool works in both scenarios. In termination (buyer's withdrawal), the developer may deduct, cumulatively, the entire brokerage commission already paid and a contractual penalty on the amounts paid, up to 25% as a rule and up to 50% when the development is under a ring-fenced scheme (PAF, Law 10.931/2004), plus an occupation fee of 0.5% per month of the contract value for each month the buyer occupied the property (art. 67-A, §1). For late delivery, the law recognizes a tolerance period of up to 180 calendar days (STJ Tema 996); once that period is exceeded, the STJ (REsp 1.729.593) set lost profits at 0.5% per month of the contract value, with no need to prove loss. The calculator adjusts the amounts paid by the contract index and applies these limits, always as an educational estimate, consult a real estate attorney before signing a termination or filing a lawsuit.
Until 2018 there was no clear rule for what happened when an off-plan property buyer withdrew or the developer delayed the works. Law 13.786/2018 (the Distrato Law) set two central points for contracts signed from its effective date. In termination, it let the developer deduct, cumulatively, the full brokerage commission already paid and a contractual penalty on the amounts paid: up to 25% as a rule and up to 50% when the development is under a ring-fenced scheme (PAF), the accounting segregation provided by Law 10.931/2004.
For late delivery, the law validated a tolerance period of up to 180 calendar days beyond the contractual date (STJ Tema 996). Only after that period expires can the buyer rescind or claim compensation. And, where the delay is compensable, the STJ (REsp 1.729.593) set lost profits at 0.5% per month of the contract value, regardless of proof of loss.
Termination: imagine a buyer who paid R$ 100,000 (already adjusted by the contract index) for a property with no ring-fenced scheme, never having occupied it and with no brokerage commission to deduct. With 25% retention, the developer would keep R$ 25,000 and refund R$ 75,000. If the buyer had occupied the property for 6 months, an occupation fee of 0.5% per month of the contract value for the months of possession would also apply, reducing the amount to refund, and any brokerage commission already paid would be deducted separately.
Delay: in an illustrative contract of R$ 300,000, each month of delay beyond the 180-day tolerance yields 0.5% = R$ 1,500 in lost profits. Four compensable months of delay would add up to about R$ 6,000, without the buyer having to prove actual loss.
The retention and tolerance rules apply to contracts signed under Law 13.786/2018 (from 12/28/2018). Earlier contracts follow the understanding then in force, with retention percentages set case by case by case law, generally smaller, and refunds guided by STJ Súmula 543. The index used to adjust the amounts paid also matters: contracts typically set INCC (the construction-sector index), but some use IGP-M or IPCA, and the choice changes the corrected total.
The calculations here are an educational estimate. Specific clauses, the existence of a ring-fenced scheme, and the refund method (a single installment within up to 180 days outside the PAF, or within up to 30 days after the occupancy permit inside the PAF, art. 67-A, §§5 and 6) change the result. Before signing a termination or filing a lawsuit, consult a real estate attorney.
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<iframe
src="https://jkit.tools/embed/en-US/off-plan-property-calculator"
width="100%"
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loading="lazy"
title="Off-Plan Property, Rescission & Delay (Brazil)"
></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
Law 13.786/2018 allows a tolerance period of up to 180 calendar days beyond the contractual date, if set out in a clear, express clause (STJ Tema 996). Delay beyond this period entitles the buyer to compensation.
⚠️ Educational estimate. Consult a real estate attorney before signing termination or filing a lawsuit.
Parcela única, em até 180 dias corridos da rescisão (art. 67-A, §6º, Lei 13.786/2018)
Retenção limitada ao máximo legal de 25%.
Lei 13.786/2018, art. 67-A, §§1º, 5º e 6º; STJ Tema 996 (REsp 1.729.593/SP).