MS woman compensated after court annulled the sale of a share due to 'bait-and-switch' in a hotel in RJ
A woman from Mato Grosso do Sul has been awarded compensation after the court annulled the sale of a timeshare in a Rio de Janeiro hotel due to deceptive sales practices.
The 5th Civil Chamber of the Court of Justice of Mato Grosso do Sul upheld a decision that annulled the purchase of a real estate share in a hotel located in Rio de Janeiro. The consumer is entitled to full reimbursement of the amounts paid as well as compensation of R$ 5,000 for moral damages. The court ruled that the sale involved a strategy known as 'bait-and-switch' and that the consumer had exercised her right of regret within the legally stipulated timeframe.
The 'bait-and-switch' tactic involves attracting customers with an appealing item, often at a misleading price, to lure them into making additional purchases of other products or services. The hotel, which filed an appeal against the initial ruling, claimed that the contract had been signed at the hotel itself, insinuating that the sales process was valid. However, the court affirmed that the consumer had the right to cancel the contract and pursue her legal recourse.
This decision emphasizes the protection of consumer rights in Brazil, particularly against deceptive marketing practices. It serves as a warning to businesses engaged in misleading sales tactics that they can be held accountable legally, reinforcing the importance of transparency and ethical standards in advertising and sales practices.