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September 22, 2016 23:07

How to terminate a contract of sale apartment.Instructions to terminate the sales contract apartment

The purchase agreement comes into force immediately after registration in the state bodies.For terminated the two sides have to give voluntary consent.In all other cases, the interested party must apply to the court and write statement of claim.

1
Keep in mind that after the registration of the contract, he shall be deemed executed and simply cease to operate, so it will not be possible termination.If the parties intend to return to the previous state of affairs and have no claims to each other, they have to sign a new contract.

2
For literate termination of the transaction, they may apply to a notary, which assured the execution of the contract.He will make a separate agreement on the termination and attach it to the core.Most likely you will be asked to bring the same documents that you have provided for the conclusion of the old contract.

3
unilaterally a contract of sale of an apartment can be terminated only for good reason, for example, if one side is used in the transaction fak
e paper, had no right to enter into a contract, she was 18 years old, was in a statealcohol or drugs, had a mental disorder, etc.

4
In these cases, the transaction simply declared invalid because it was made fraudulently or forced way.It is also good reasons for cancellation are unpaid or uninsured purchase, failure to transfer the property, a violation of the conditions of sale (poor-quality assets).

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If you want to terminate the contract once you first ask the other party to sign a voluntary termination.If she does not accept or ignore the offer, after 30 days, please contact the court and write statement of claim.Also, write a statement on the return of funds or property.The lawsuit is necessary to make three copies.

6
One of them give to the court, the second shall remain in you, and go to the third defendant.Write name of the court, its data, information about the respondent, information about third parties (for example, the establishment of the property rights registration).Then explain the essence of the issue and provide all the details of the contract.Be sure to refer to the Russian legislation, if it takes place.

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Then state your request.Try to operate with only the concrete facts that later you will not have problems.The statement of claim attach a copy of the contract, an extract of the Unified State Register, a document on payment, the receipt of state duty payment, proof of ownership.

8
At considerable abuse (when one party has suffered a lot of damage and lost the result, which is calculated by the design of the contract), the court will make a decision on the termination of the transaction.If the court will make a positive decision, refer to the Unified State Register of rights and real estate transactions.Rewrite the information about the owner of the property.

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Also, such an agreement can be terminated by means of some state structures.If you are a buyer and your rights have been violated, contact the Anti-Monopoly Committee.His powers include issuing instructions to terminate the transactions that are contrary to antitrust legislation.

conclusion of the sales contract according to the rules is not a guarantee of its performance.Therefore, at the stage of the transaction, ensure the reliability of the second party, and create a separate item in the document, which will regulate the non-fulfillment of specific obligations of the parties.