How to terminate the contract of sale?
More than ten thousand years ago, the emergence of natural economy together with economic development led the world's population to commodity-money relations. Currently, many make a purchase in the service sector or contact the company for the sale of large goods (such as real estate, means of transport). Sometimes after a perfect commodity-money transaction, the buyer understands that the purchased product does not suit him in his qualities and the question arises how to terminate the purchase agreement, according to which all obligations were fulfilled and the transfer of property rights to the buyer was fixed.
Contract for an apartment
Consider how to terminate the contract of sale of an apartment. If he is registered with state bodies, he can be considered as entered into force and valid. Sometimes there are significant reasons for the termination of such a contract. Termination is made on a voluntary basis, or when applying to the court of one of the parties to the contract.
- It must be remembered in order to terminate the contract of sale of an apartment and recognize the transaction to be invalid there must be sound and valid reasons. The transaction will be considered invalid if the signing of the contract is fraudulent. Use of one of the parties forged documents (passport or power of attorney), non-observance of the rights of minors, fully or partially incapable citizens. If it is established that at the time of signing the contract, one of the parties was in a state of intoxication, mental illness or using narcotic drugs.
- If the termination occurs by mutual consent of the parties, it is necessary to apply to the notary who has certified this contract. Upon termination of the contract of sale, a notary draws up a new contract, which is attached to the main, stored in the notarial archive. The package of documents that is required upon termination of the contract is similar to the documents for the execution of the contract of sale.
- It is possible to conduct a pre-trial settlement if the buyer of the apartment requires to terminate the contract unilaterally.That is, the second party is being put forward a proposal at the appointed time to terminate the contract voluntarily. If the second party expresses a refusal to terminate this contract within the approved period, it is necessary to file a claim in court. According to clauses 1.2 of Article 450 of the Civil Code of the Russian Federation, a court order will be issued on the recognition of the contract of sale of an apartment as invalid.
- A significant reminder is the three-year term for termination of the contract established by law. Calculation of the limitation period occurs from the moment of signing the contract for the sale of an apartment. Appeal to a reliable lawyer will avoid difficulties in terminating the contract and will not get lost in the nuances and contradictions of the law.
Consider how to terminate the contract of sale of the car. The joy of buying a car can be overshadowed by the identification of a marriage, which may entail life-threatening consequences. There is a desire to terminate the contract. Enjoy a little, but it is quite possible to do.
- You must contact the car dealer and report the presence of a defect. It will not be superfluous to confirm the marriage with photos.Contact the dealer center to inspect the problem area by employees.
- Unfortunately, it is very difficult to prove that the marriage is a factory and forcing the buyer to go to court. If the car is purchased in the salon, inspected by experts, and an obvious marriage is revealed, the buyer may request management to terminate the contract for the sale of cars.
- There is a possibility that the seller will refuse to terminate the contract. Then you can demand an independent examination, which entails time and financial costs. Perseverance in solving this problem can significantly affect the process.
- You must go to court to write a statement in which to demand termination and invalidation of the contract. You can make a copy of your termination claim. In court, the buyer will have to prove that there is a marriage in the car. All evidence in the form of checks, photographs, documents (warranty cards), confirming the repair, will be required at the trial.
- In case of a negative court decision, it is advisable to apply to the legal campaign and act confidently.
Essential defects of the car, which arose through the fault of the manufacturer, do not give the seller the right to refuse to terminate the contract. The buyer has the right to demand the execution of the State Constitution of the Russian Federation. With a disappointing result, it is possible to appeal to representatives of the society for the protection of consumer rights. They will explain further actions and represent the interests of the buyer in court.
Consider how to terminate the preliminary contract of sale. If the seller is given an advance for the property, it is necessary to conclude a preliminary contract of sale, which specifies the specific period of full payment and stipulates the responsibility of the parties for non-performance.
- Registration of the contract is made by a notary, but writing it personally is completely legal.
- In the situation when the buyer cannot provide the entire amount within the specified period, he needs to let the seller know in a letter and ask him to postpone the deadline.
- In the event that the seller categorically refuses the request of the buyer, citing whatever reasons, then he returns the deposit to the buyer in an increased amount and pays the fine stipulated in the contract.It is this clause that leads to court proceedings.
- If the seller has found more favorable terms of sale and refuses to wait, the buyer should apply to the arbitration court with a statement, stating the reasons for the misunderstanding.
- When going to court, the victim is likely to receive only the amount that he transferred as an advance.
- There is a reverse situation. In this case, the buyer for any reason refuses to make a purchase and requires the return of the advance. If both parties cannot agree, they will have to go to court again.
It is worth remembering that when making deals, drawing up contracts, and various legal proceedings, it is sometimes very difficult for an ordinary person, the uninitiated to get all the details of the law. In such cases, it is advisable to attract competent specialists with a law degree and long-term practice. Now you know all about how to terminate various sales contracts.
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