You can only cancel the sales contract in two cases if the transaction is null and void. Moreover, to prove that it is null and void, there is no need to go to court. If the trial takes place, the transaction automatically becomes voidable.
Necessary
- - a copy of the contract,
- - a copy of the certificate of registration of property rights,
- - a copy of an extract from the Unified State Register,
- - a copy of the certificate of the investigation department,
- - a copy of the power of attorney, provided that the interests of the buyer or seller are represented by third parties,
- - a copy of the payment document,
- - a copy of the receipt of payment of the state duty.
Instructions
Step 1
In order to cancel the transaction, in any case, it is necessary to file a claim with the court. To do this, write in the document the name of the court to which the claim will be directed. Please enter the details of the plaintiff below: last name, first name, patronymic, address and contact details. Also write the details of the defendant: last name, first name, patronymic, address and contact details. Below should be listed third parties who do not make independent claims, but are related to the conclusion of the sales contract. For example, it could be a property registration office.
Step 2
Below, state the essence of the issue, indicate all the details of the transaction, the numbers and dates of drawing up all documents, the data of all participants in the process. Be sure to refer to the legislation of the Russian Federation, if this is the case and is the basis for filing a claim on your part.
Step 3
Finally, state your request to invalidate the sales contract. Indicate the date of signing this agreement and its serial number. Make an annex to the claim, which should contain copies of the contract, certificate of registration of ownership, extracts from the Unified State Register of Legal Entities, a certificate from the investigation department, a power of attorney, provided that the interests of the buyer or seller are provided by third parties, a document confirming payment, a receipt for payment of state duty.
Step 4
Draw up a claim in triplicate, one of which must be sent to the court, the second to the defendant, and the third remains with you with notes on the delivery of two other copies to their addressees. You can also send the application by mail with notification.
Step 5
Please note that there is a limited time limit for filing a lawsuit. If the transaction is void, you have three years to cancel the sales contract. You only have one year to invalidate a void transaction.
