Remember that for termination of the contract of purchase-sale of the apartment and the recognition of the transaction invalid must be a good reason. For example, the use in the transaction by the second party Palevyh documents (passport or fake power of attorney), infringement of the rights of minors, nesposobna or capable limited. If during the transaction one of the parties was in a state of alcohol (drug) intoxication or in a state of mental disorder, the transaction will be considered invalid. The transaction was deemed invalid if it is deemed onerous, i.e. if the contract was signed fraudulently or under duress.
If you terminate the contract of purchase-sale of the apartment voluntarily with the consent of both parties, please refer to the notary that the contract is identified. The notary will constitute a separate contract on termination of the contract of purchase–sale and attach it to the main contract, which is in his files. In this case, you will need the same documents as in the contract of purchase-sale of the apartment.
If you require cancellation of the contract of purchase-sale of apartments in unilaterally, then first conduct a pre-trial settlement, that is, invite the other party to voluntarily terminate the contract and assign a deadline.
If the other party refused the termination of this agreement within the prescribed period, refer the claim to the court, which shall decide on the recognition of the contract of purchase–sale of the apartment invalid and its termination under paragraphs 1, 2 of article 450 of the Civil Code of the Russian Federation.
Remember that for termination of the contract the law establishes a term of 3 years. This is the Statute of limitations for contracts of purchase–sale of the apartment, which is calculated from the time of the transaction.
Any agreement must be made in accordance with the requirements of law, especially real estate transactions. Try to provide all the nuances in its conclusion.
Advice 2 : How to cancel the transaction of purchase and sale
You can cancel the contract of purchase and sale in only two cases, if the transaction is void or voidable. And for proof that it is void, no need to go to court. If trial is the place to be, the transaction is automatically voidable.
You will need
- - a copy of the contract,
- - copy of certificate of registration of right of ownership,
- - copy of extract from the unified state register,
- - a copy of the certificate of the investigation Department,
- - copy of power of attorney, provided that the interests of buyers or seller by third parties
- - copy of the payment document
- - copy of receipt about payment of state duty.
In order to cancel the transaction, in either case, you need to file a lawsuit in court. To do this, write in the document the name of the court in which the claim is directed. Below give details of the claimant: name, first name, address, and contact information. Also write the data of the Respondent: surname, name, patronymic, address and contact details. Below should be listed third parties that do not claim independent demands, but are relevant to the conclusion of the contract of purchase and sale. For example, it may be the institution of registration of rights of ownership.
Below describe the issue, specify all the details of the transaction, number and date of drawing up of all documents, data of all participants. Be sure to refer to the legislation of the Russian Federation, if this is the place to be and is the basis for filing a lawsuit on your part.
At the end of the state the request about recognition of the contract of sale null and void. Enter the date of the signing of this agreement and its serial number. Make the application to a claim, which shall be copy of contract, certificate of registration of title, extracts from the unified state register, the reference of the investigative Department, powers of attorney, provided that the interests of buyers or seller by third parties, the payment document of the payment receipt of state duty.
Make a claim in three copies, one of which must be sent to the court, the second Respondent and the third remains with you with notes on the presentation of two other instances of their recipients. You can also send an application in the mail.
Please note that the deadline for filing a lawsuit is limited. If the transaction is void, you have three years to cancel the contract of sale. To annul a voidable transaction, you have only one year.