São Paulo Court rejects unfair competition claim between real estate platforms

On June 26, 2025, the 2nd Reserved Chamber of Business Law of the São Paulo Court of Justice upheld the decision of the 1st Business and Arbitration Conflicts Court of the Capital, which dismissed a claim for unfair competition and client diversion filed by a real estate rental and sales platform against a competitor in the same sector.

According to the case records, users allegedly used the plaintiff’s platform to contact property advertisers and redirect them to other platforms. However, Justice Sérgio Shimura, the rapporteur, affirmed the lower court’s ruling, noting that expert evidence showed most messages were sent by individuals with no connection to the defendant, who had also taken steps to curb improper advertising and suspend violators.

The judge also pointed out that the plaintiff changed its narrative after the expert report: it initially alleged that the senders were the defendant’s employees, but later claimed that the defendant’s system itself facilitated the unfair conduct. The decision was unanimous, with concurring votes from Justices Mauricio Pessoa and Jorge Tosta.