Termination of the contract of sale of the apartment - a phenomenon for the Russian real estate market is rare.After all, the future owners are often long weighed his decision before invest in real estate.Nevertheless, there are times when to terminate such a contract is necessary.
should be noted that, under the Civil Code, termination of the contract by mutual agreement - the only basis for the termination of all obligations.However, the deal may be revoked at the initiative of one of the parties.Only it will have to go to court.
Circumstances have changed
So, the first point at which the possible termination of the contract of sale is that the circumstances in which it lay, suddenly changed.In the case of a contract between the developer and the share participant here include delays in construction.And if the house is expected to be completed in November, but pull for six months, then have all legal grounds to cancel the deal.
take into account other options for the circumstances under which an agreement would never be concluded.For example, the former landlord claimed that the property is not in the encumbrance, that is, other contenders for the square footage there.And here you are paying the money infused into the apartment, but suddenly it turns out that there is registered a relative of the former owner, who was in prison.Now, however, he was freed and returned to the room allotted to it.If you knew of the existence of a relative, then refused to bargain.By the way, early termination
and the owner did not know ...
This option is common when you make a deal not with the owner, and his confidant.It is important to check whether the situation in the course of the owner of square meters.It often happens that fraudsters use fake documents.And if the owner really knew nothing about the sale, the court will be on his side and will void your deal.
incapacity or illness
homeowners may be partially capable.In judicial practice, there are precedents where the seller of the real estate went to court and declared his incapacity, or is it done by his relatives.And if it is confirmed by the relevant medical certificates, the Court admits the deal null and void.
The same applies to the capacity, partially lost.In addition, the owner of the property may be sold in such a state that it is difficult to soberly assess their actions.For example, he is sick or injured.This is also the strong alcohol or drugs.
In addition, termination of the contract of sale of real estate is possible in cases where the owner of square meters obsess fraudulently.But this fact, of course, will need to prove in court.Yet another reason to terminate the transaction in the event that it is Mezhuyev legal entities - a mistake in various statutes.
