How to terminate the apartment purchase and sale

The purchase and sale agreement comes into force immediately after registering in government bodies. For its termination, two sides should give voluntary consent. In all other cases, the Party interested should go to court and write a claim.

Keep in mind that after registering the contract, it will be considered fulfilled and simply will cease its action, so its termination will become impossible. If the parties intend to return the previous position of things and do not have complaints about each other, they must conclude a new contract.

For the competent termination of the transaction, they are entitled to refer to the notary, which assured the executed contract. He will make a separate termination agreement and attach it to the main one. Most likely you will be asked to bring the same documents that you provided for the conclusion of an old contract.

Unilaterally, the apartment purchase agreement can be terminated only on good grounds, for example, if one side used fake paper when dealing, it did not have the right to conclude a contract, she was not 18 years old, resides in a state of alcohol or drug intoxication, had a mental disorder and etc.

In the cases listed cases, the transaction is simply recognized as invalid, since it was fraudulent or forced. Also, weak reasons for termination are unpaid or uninsured purchases, refusal to transfer property, violation of the terms of sale (poor-quality property).

If the contract is dissolved only you, first offer the second side to sign a voluntary termination. If she does not agree or ignores the offer, after 30 days, contact the court and write the statement of claim. Also write a statement about the return of funds or property. The claim must be made in three copies.

Give one of them to the court, the second should stay with you, and the third go to the defendant. Write the name of the court, your data, information about the respondent, information about third parties (for example, an institution for registration of property rights). Next, set out the essence of the question and specify all the details of the conclusion of the contract. Be sure to come together by the legislation of the Russian Federation, if it takes place.

After that, set out your request. Try to operate only with specific facts so that you do not have any problems later. To the lawsuit, attach copies of the contract, extracting their USRP, payment document, receipt of payment of state duty, certificate of ownership.

With a significant impairment (when one side suffered a lot of damage and lost its result, which calculated when issuing a contract) the court will decide on termination of the transaction. If the instance decides a positive decision, contact a unified state register of rights and real estate transactions. Rewrite information about the owner of the property.

Also, such an agreement can be terminated using some state structures. If you are a buyer and your rights violated, contact the Antimonopoly Committee. His powers include issuing prescriptions for termination of transactions that contradict antitrust laws.

The conclusion of a sales contract for all the rules is not a guarantee of its execution. Therefore, at the stage of making a transaction, make sure that the second parties are reliable and create a separate item in the document, which will regulate the failure to comply with the specific obligations of one of the parties.