Situations are rarely encountered when, by mutual agreement of the parties, contracts previously concluded between them are terminated. Much more often this happens on the basis of a court decision.
Necessary
- - contract of sale;
- - documents confirming violations by the buyer or seller of the goods;
- - applications to the court or the Society for the Protection of Consumer Rights.
Instructions
Step 1
Recognition of the sales contract as invalid does not automatically mean its return to one of the parties. Submit two statements of claim to the court, in one you ask for the legal recognition of the concluded agreement as unlawful, and in the second, ask for the return of the sold property in your favor.
Step 2
After the court has made a positive decision on your claims, visit the Unified State Register of Rights and Real Estate Transactions. Completely rewrite the details of the owner of the property.
Step 3
The requirements of some government agencies are capable of canceling the sales contract. Contact the Antimonopoly Committee if your rights as a buyer have been repeatedly violated by a monopoly enterprise. This government agency can issue an order to revoke an arrangement that is contrary to federal antitrust laws.
Step 4
The sales contract can be canceled if the buyer ignored the obligation imposed on him by law and did not pay or insure the purchase in full. The cancellation of the contract also entails the failure of the buyer to provide the shipment order within the prescribed period. This provision is based on paragraph 4 of Article 462 of the Civil Code of the Russian Federation.
Step 5
Terminate the sales contract if the seller refuses to transfer the goods, accessories and tools to you within the specified time frame. The basis for canceling the agreement may be a violation of the terms of sale caused by a low-quality product.
Step 6
When canceling a sales contract, first contact the partner who made the deal with you. In case of refusal, apply to the Consumer Protection Society or submit an application to the court to declare the contract invalid and to return your funds.
