The contract of purchase and sale of an apartment is considered valid and entered into force if it is registered with state authorities. In some cases, there are serious reasons for the termination of such an agreement. It can be terminated either voluntarily by mutual agreement of both parties, or in the courts at the suit of any party.
Instructions
Step 1
Remember that there must be good reasons to terminate the sale and purchase agreement for an apartment and invalidate the transaction. For example, the use by the second party of fake documents (passports or "fake" power of attorney) in a transaction, infringement of the rights of minors, incapable or legally capable is limited. If during the transaction one of the parties was in a state of alcoholic (drug) intoxication or in a state of mental disorder, the transaction will also be considered invalid. The deal is invalidated if it is considered enslaving, that is, if the agreement was signed fraudulently or under duress.
Step 2
If you terminate the apartment sale and purchase agreement voluntarily by agreement of both parties, contact the notary who certified this agreement. The notary will draw up a separate agreement on termination of the purchase and sale agreement and attach it to the main agreement, which is in his archive. In this case, the same documents will be required as when concluding a contract for the purchase and sale of an apartment.
Step 3
If you demand the termination of the apartment sale and purchase agreement unilaterally, then first carry out a pre-trial settlement, that is, offer the other party to voluntarily terminate the agreement and set a time limit.
Step 4
If the other party refused to terminate this agreement within the prescribed period, file a claim with the court, which will make a decision to recognize the apartment purchase and sale agreement as invalid and to terminate it in accordance with paragraphs 1, 2 of Article 450 of the Civil Code of the Russian Federation.
Step 5
Remember that the law has established a 3-year period for termination of the contract. This is the limitation period for contracts for the sale and purchase of an apartment, which is calculated from the date of the transaction.
Step 6
Any contract must be concluded in accordance with the requirements of the law, especially real estate transactions. Try to provide all the nuances when concluding it.
