When purchasing or exchanging an apartment, you should be very careful. It is necessary to carefully examine the documents for the proposed privatized housing in order to save yourself in the aftermath of many problems. You should be aware of some of the provisions according to which a privatization agreement may be invalidated.
Instructions
Step 1
Determine how the privatization agreement was concluded. If at the same time there was a violation of the law or other legal acts, then it can be declared invalid. For example, in the case when the rights of minors were violated, i.e. there is no consent of the guardianship authorities to refuse to privatize them. Such an agreement will be invalidated, and if the already privatized apartment is sold, then its sale and subsequent transactions will also be invalid. After the cancellation of the transaction, citizens must settle in their previous housing, return the money received under the contract of sale, etc.
Step 2
Find out if the privatization agreement was signed by a person who was declared incapacitated or has limitations in legal capacity, in accordance with Articles 171, 176 of the Civil Code of the Russian Federation. If yes, then such a transaction is considered invalid. In court, recognize a citizen as disabled or incapacitated, and then terminate the contract.
Step 3
Submit a request to the guardianship authorities, where find out the age of the citizen who signed the privatization agreement. In the case when at the time of the transaction he was a minor, i.e. under the age of 14, it will be invalid. In addition, an agreement can be defined as invalid if it is concluded by a minor between the ages of 14 and 18 without the permission of parents, trustees or adoptive parents, in accordance with Articles 172, 175 of the Civil Code of the Russian Federation.
Step 4
Find out from the citizen who signed the privatization agreement if he was misled, as a result of which his true will was incorrectly interpreted in accordance with Article 178 of the Civil Code of the Russian Federation. For example, the consequences of privatization were not what he expected. Such a transaction is considered invalid.
Step 5
Contact the law enforcement agencies and find out if the privatization agreement was signed under the influence of threat, deception, violence or as a result of difficult circumstances, as a result of which the conditions were extremely unfavorable for the citizen, and the other party took advantage of it. Thus, there is an onerous deal, in accordance with Article 179 of the Civil Code of the Russian Federation. A transaction made in this way is considered invalid, i.e. housing again becomes municipal or state property, and the former owner of the apartment becomes its tenant again.
