If your interests have been violated as a result of a completed purchase and sale transaction, you have the right to challenge the concluded agreement in court. As a rule, the most frequently disputed real estate transactions.
Instructions
Step 1
The current legislation indicates the circumstances in the presence of which the transaction is recognized as illegal, namely:
• the transaction was made by a legal entity (firm, company) that does not have the authority to conclude such agreements for any reason;
• a minor citizen between the ages of fourteen and eighteen participated in the conclusion of the transaction without the written consent of his parents or other legal representatives;
• the transaction was made by an incapacitated person, or this person was not aware of his actions at the time of its conclusion;
• at the time of the transaction, one of its participants was under the influence of deception, threats, violence or a combination of difficult life circumstances.
Step 2
Collect evidence to support any of the above facts. Find out exactly when and under what circumstances, by whom exactly the illegal, in your opinion, sale and purchase agreement was concluded. If the transaction was carried out by a company that does not have a license, or you, for example, have evidence of the incapacity of one of the parties to the transaction, feel free to bring a statement declaring the agreement illegal to the court.
Step 3
It is much more difficult to prove that you or another party to the transaction were deliberately misled. If at that moment you were fully conscious of your actions, it will be almost impossible to do this. Therefore, read any agreement very carefully before signing it. Pay attention to the small print sections of the text. It is they who are most often missed when reading, and attackers in such sections place the most unfavorable conditions for the would-be companion.
Step 4
The conclusion of an agreement for the sale and purchase of real estate is usually carried out in front of witnesses. If you are confident that you are right, bring them to court to confirm the conditions under which the deal was made. If these conditions do not comply with the current civil code or are enslaving, the transaction will be declared illegal.
Step 5
In difficult cases of concluded cool-sale contracts, contact legal advice for professional assistance. A lawyer will analyze all the circumstances of a particular case and tell you whether it makes sense to go to court to declare the transaction illegal.
