Cancellation of a contract is its termination. The contract can be canceled by mutual agreement of the parties, by a court decision, in cases provided for by the contract itself or in other cases regulated by the Civil Code and other legislative acts.
Necessary
- - contract of sale;
- - documents confirming violations by the buyer or seller of the goods;
- - an application to the court or the Society for the Protection of Consumer Rights.
Instructions
Step 1
In practice, situations are rarely encountered when contracts are terminated on the basis of an agreement between the parties. But in most cases, in order to terminate the contract, you need to go to court.
Step 2
To do this, submit to the court two statements of claim - on the recognition of the contract as invalid and on the return of the sold property to your ownership, since the recognition of the purchase contract as invalid does not mean its automatic return to the other party.
Step 3
After receiving a positive court decision, go to the Unified State Register of Rights and Real Estate Transactions to rewrite information about the owner of the property (of course, if it comes to real estate).
Step 4
The sales contract can be canceled at the request of some government agencies. In particular, if your rights as a buyer are systematically violated by a monopoly enterprise, contact the Antimonopoly Committee, he has the right to order the cancellation of contracts that contradict antimonopoly legislation.
Step 5
The sales contract can be canceled if the buyer did not pay for the purchase or refused to insure it, although this obligation is imposed on him by current legislation. Failure by the buyer to provide the shipping order within the specified time period also entails the cancellation of the contract in accordance with paragraph 4 of Art. 462 of the Civil Code of the Russian Federation.
Step 6
You have the right to terminate the sales contract if the seller refuses to transfer the goods, accompanying materials and tools to it within the time frame established for this, violation of the terms of sale (sale of low-quality goods, goods with defects, if this was not previously stipulated with the seller) when stitching goods and etc.
Step 7
To cancel the sale and purchase agreement, first contact the other party that has entered into a transaction with you, and in case of refusal - to the Consumer Protection Society or immediately the court with a request to invalidate the sale and purchase agreement and return your money to you.
