How to return the apartment sold

Market relations are built so that acquiring goods by legal way, the buyer becomes its only and full owner. Real estate operations - no exception. What to do in cases where, due to circumstances, it is necessary to return their housing and break the contract of sale? How to return the apartment sold? Is it possible to do this? On this account legislation Replies: "You can".

You can cancel the purchase and sale agreement in cases where new circumstances are clarified representing the deal illegal. For example, at the time of the signing there was no consent of all family members, due to the lack of one of the relatives. Then learning about selling, he may require its cancellation.

If the transaction was recognized as fraudulent, it can also be canceled. For example, if the apartment was sold without the knowledge of the owner, by fake documents.

All real estate operations should conduct only capable persons who fully give a report in their actions. If the former owner of the apartment will be recognized as a mental illness, the contract is annulled. The same can be expected in cases where the owner of the real estate set the signature while in the changed state of consciousness, being under the action of alcohol or narcotic substances.

Heirs are not entitled to sell property within 6 months since the death of the testator. In violation, the transaction conditions will also be considered invalid.

In the event that the owner of the apartment buyers were deliberately misled (committed fraud), with good evidence, the court recognizes the contract invalid.

Recognize the deal invalid and terminate the purchase and sale agreement - not the same thing. In the second case, it is understood that all legitimate requirements at the time of the operation were complied with, but the fulfillment of obligations can be considered unfair. For example, if the seller was silent about significant shortcomings that make the use of an object to be appointed impossible.

The first thing to make a person who wished to return its real estate is to make a claim for termination of the contract of sale. You can submit to the court after the refusal of the second side voluntarily resolve the issue or if no more than 30 days are answered.

Download the application form on termination of the contract of sale Can I have on the site.

The next step will be the submission of the claim to court. It is necessary to compile it, describing in detail what the contract was consisted of and what obligations did the parties originate, to indicate the reason for the runt of the contract, the claims of the plaintiff, the attached list of documents. The deadline for submitting an application for recognition of the transaction is invalid - 1 year, on termination of the contract - 3 years.

An example of a completed application for termination of the apartment purchase and sale Swing here.

For more detailed familiarization with the topic "How to return the apartment sold" It is recommended to refer to articles 450, 486, 495, 453 Civil Code. Significantly facilitates the termination of the transaction and the return of funds competently prescribed terms of the contract of sale. It is worth specifying in it all the reasons for which this contract can be terminated.