When implementing various large transactions, on the basis of which real estate, cars or other values are sold, it is important to correctly draw up and issue a contract of sale. It should contain all information about the sold object and participants in the transaction. In this case, it may often be necessary to terminate the contract of sale. It is important to understand on what grounds this process can be carried out, what requirements and conditions must be observed, and also what terms are provided for this.
Legislative regulation
Chapter 29 of the Civil Code contains basic information on why this contract can be terminated. Additionally, it is different articles of the Civil Code that govern other significant issues, which include:
- grounds for amendment and termination of the contract;
- circumstances that may affect the procedure;
- describes the sequential process of termination of the agreement;
- The consequences of terminating the contract are given.
Based on the Civil Code, it is required to register all transactions that are concluded with real estate or vehicles, which allows taking into account the owners of different objects.
In order to terminate the contract of sale, only the wishes of one party are not enough, therefore, there must necessarily be good reason. If the second party does not agree with the procedure, then it will be necessary to resolve the issue through the court.
The termination term for the contract of sale is three years, since they are a limitation period. Therefore, it is during this period that the contract can be terminated peacefully or through a court.
Grounds
There may be different reasons for this process. The reasons for the termination of the contract of sale can be varied, but most often this is due to violations of the terms of the contract of one of the parties. Such violations include:
- on the part of the buyer, there is no payment for the subject of the agreement, and at the same time, a car or real estate is often registered, as well as other values specified in the contract;
- the buyer reveals that unauthorized persons who may be minors who are in prison or who are temporarily absent are registered in the purchased property;
- the seller may refuse to remove the object from registration at the time specified in the contract;
- often the seller or his family do not move out of the sold real estate on time, moreover, after the rights to the property are transferred to the buyer;
- during the conclusion of the agreement, fake documents or papers containing inaccurate information were used by either party;
- the emergence of various circumstances requiring termination of the contract, while the parties did not in any way affect their occurrence.
All of the above reasons must be confirmed officially. This is necessary if the party that violated the terms of the contract does not want to terminate the agreement in a peaceful way, so you have to go to court. Termination of the contract of sale of a car, real estate or other item must be formalized.
Terms of procedure
The process itself has many specific nuances, so it is important to study all the important conditions. The termination of the contract of sale under the Civil Code of the Russian Federation should be subject to some factors:
- Initially, the initiator should try to resolve the issue peacefully, for which the second party is offered the opportunity to terminate the contract;
- only if there is a negative decision on the part of the violator of the terms of the agreement, it is possible to prepare a statement of claim to the court;
- in Art. 450 Civil Code contains the basic conditions that must be met when amending or terminating such an agreement;
- it is important to prove that one of the parties in a crude way violated the terms of the contract;
- a change in conditions is allowed in the event of any specific circumstances that the parties to the agreement could not have influenced in any way.
The party that initiates the process must have evidence of violations by the second party to the transaction. All conditions and reasons are listed in Art. 450 of the Civil Code of the Russian Federation. At the same time, it is important to prove that it was the significant points of the agreement that were violated.
When is a deal invalidated?
The termination by the court of the contract of sale may lead to the fact that the court does recognize that this transaction cannot be recognized as valid, therefore it is canceled. This leads to the fact that all obligations that arose earlier between the two parties become irrelevant.
The nuances of this method of termination of relations include the fact that the party that is guilty will have to return the property to another private owner under the contract, as well as pay a penalty or compensation for the damage caused on the basis of Art. 167 Civil Code.
The transaction is invalidated under the conditions:
- her paragraphs violate the law;
- the document was signed was partially or completely incompetent;
- a person participated in the transaction, who due to health reasons cannot be responsible for his actions, therefore, he may have various mental deviations or it is completely proved that the person signed the document while intoxicated or under drugs;
- the participant is a minor whose rights have been violated because the guardian was not informed about the process;
- various coercive measures, threats or blackmail were applied to citizens;
- the main purpose of such a transaction was to deceive or conspire to commit illegal acts;
- the transaction was completed in order to cover other legal relations, and this is usually necessary in order to reduce various taxes that should be transferred to the budget.
The termination of the contract of sale under such conditions is carried out through the court, but at the same time, the person whose rights have been violated must additionally contact the police. By a court decision, such a transaction is declared invalid, therefore, the parties must return all received values. In addition, they are held accountable, and it can be not only administrative and presented in the form of large fines, but even criminal.
Therefore, before signing any contract, it is important to make sure that both participants are competent, adults and are responsible for their actions. Often, it is generally required to obtain medical certificates from participants confirming their optimal state of health. This will prevent the negative consequences of terminating the contract of sale by invalidating it.
How is the contract terminated before registration?
The simplest is to terminate the agreement until the moment when it is correctly and officially registered with Rosreestr. This is especially true of real estate transactions. This is due to the fact that prior to registration, it is the seller who owns the object, so at any time he can terminate the transaction.
If both parties have come to a peaceful decision on the need to end the relationship, then they must draw up a special agreement to terminate the contract of sale. It stipulates all the nuances of this process.
How to terminate a contract after its registration?
The most difficult situation is when the document has already been officially registered with Rosreestr. In this case, the subject of the transaction becomes the property of the buyer.
But even under such conditions, the legislation provides for certain situations when you can still terminate the contract. This includes violations of the agreement itself, the contradiction of information in it to the rules of the law or the ability to prove that the seller was insane.
Pre-trial process
If there is a need to end the relationship, then you must first try to resolve the issue in a peaceful way. Termination of the contract of sale through communication between the parties is used quite often.
To do this, both participants must agree with this procedure, so judicial intervention is not required. If one of the parties refuses, then this decision should be recorded in writing.
How is the proposal for termination of the contract drawn up?
If one party wishes to cancel the agreement, then initially it must send a written notice to the other participant. It is necessary to wait for an answer within 30 days. If it is negative or simply absent, then you can go to court to forcibly terminate the contract of sale of a car or other item.
If the second participant responds positively to this proposal, then all issues can be resolved without a trial. For this, a special agreement is drawn up on the termination of the contract of sale. It lists the basic conditions that the parties must follow in order to completely terminate the relationship.
Rules for making a statement of claim
If you can’t solve the issue peacefully, you will have to go to court. A lawsuit may be filed by any party, depending on the available reasons. When compiling this document, some rules are taken into account:
- indicates when and where the contract was concluded;
- lists the main conditions of this agreement, which include the amount of the contract, the timing of payment, as well as other requirements;
- according to Art. 450 of the Civil Code of the Russian Federation to list the grounds for termination of this contract, since the court must be sure that this process is really required by law;
- points that have not been fulfilled by the second party are given;
- It indicates what actions the plaintiff took to try to resolve the problems in a pretrial order;
- all the requirements of the plaintiff are stated, which are the need to terminate the contract and return the values or funds.
Interpretation of transaction violations can be done by different legislative acts, therefore, the plaintiffs choose different options. These include:
- according to Art. 450 Civil Code may terminate the contract of sale in connection with significant violations of the main terms of the contract, so one of the parties failed to fulfill its obligations;
- according to Art. 452 of the Civil Code indicates that it is possible for each party to appeal to the court after the agreement is signed, but for this there must be a violation;
- Art. 395 is considered common to various contractual obligations.
It is allowed through the court not only to terminate any contract, but also to recover a penalty from the violator of the terms of the agreement.
The nuances of termination of the contract through the court
When preparing a statement of claim, it must be indicated not only that the contract must be declared invalid, but also that all property must be returned. If the statement is drawn up correctly, then the actions taken by the plaintiff are:
- the claim is transferred together with the documents confirming the violation by the second party to the agreement to the court;
- the date of the hearing;
- the defendant is notified of it;
- the case is considered at the meeting solely on the basis of the requirements declared by the plaintiff;
- if the claim indicates the need to return the property, then the decision may not only terminate the contract of sale by the seller, but also return the property to the buyer, therefore, the already issued certificate of ownership is invalidated.
Additionally, the plaintiff may indicate the need to recover a penalty from the violator of the terms of the contract. It can be prescribed directly in the agreement, and can also be calculated on the basis of the law, which takes into account the size of the refinancing rate.
What court documents will be required?
The number and types of documents that must be submitted to the court together with the statement of claim depend on whether the proceedings begin by the buyer or seller. Additionally, it is taken into account what was the subject of the agreement, and which paragraphs of this document were violated by the second party.
Standard termination of the contract of sale of real estate through the court requires the preparation of the plaintiff documents:
- a properly formed statement of claim with all the requirements of the plaintiff;
- a copy of the agreement between the two parties;
- bank statement or other payment documents that confirm that the requirements for payment of the subject of the agreement have not been met;
- if the buyer is the initiator, then he must document that the terms of the transaction were violated, so he did not receive the property, and also could not arrange it for himself due to the fact that underage children or people who voluntarily refused from privatization, so they can live in real estate for the rest of their lives without the right to eviction;
- other evidence that confirms the plaintiff is correct, and they may be presented by different documents, testimonies of witnesses or certificates from government bodies;
- a receipt confirming that the plaintiff paid the state fee to consider the case in court;
- if the plaintiff himself cannot deal with this process on his own, then he can transfer the authority to an authorized person, for which a power of attorney is drawn up and certified;
- other documentation that may be required to confirm the plaintiff is correct.
If during the trial it is impossible to come to any compromise in order to sign a peace agreement to terminate the relationship, then the claim is satisfied if there are serious violations, therefore the contract is forcibly terminated.
What decision can be made by the court?
Before making a decision, all the moments of cooperation of both participants are evaluated. Termination of the contract of sale by the buyer or seller may be required for various reasons. Therefore, this requirement is satisfied in situations:
- if there is no payment for the purchased item from the buyer;
- a written obligation is violated, both in whole or in part;
- both parties do not have the necessary documents that confirm the payment of the purchased property.
The claims of the plaintiff are not satisfied if the buyer has evidence that the funds were transferred to the seller.
If the seller has official papers indicating that all previous tenants were issued before signing the agreement, so different claims and claims against him are unlawful, then the court will not take the side of the buyer who wants to challenge the transaction.
The nuances of termination of the contract
Each participant in the transaction, on the basis of which the rights to a specific object are transferred to the buyer, should be aware that in case of various violations and situations, such an agreement can be terminated. Therefore, before signing any contract, some nuances are taken into account:
- Transactions may be canceled if the parties do not fulfill the obligations laid down by the contract;
- necessarily in the agreement must indicate the period during which payment must be made for real estate, car or other object;
- money must be transferred before registration of ownership by the buyer is not an object;
- the buyer can refuse the transaction if the property was not transferred to him at the appointed time;
- the presence of various encumbrances or restrictions in the form of a pledge, arrest or registered minors is not allowed;
- the transfer of any object must be confirmed by special acts or other suitable documents, and they must be bilateral and drawn up in duplicate;
- in case of violation of the terms of the agreement, it is possible to recover a penalty from the violator.
Thus, the termination of any contract involving the sale of various objects is considered a rather specific and slightly complicated process. For this, the initiator must have objective and fairly significant reasons. All of them are enshrined in different legislative acts. The initiator may be a seller or a buyer. Initially, we must try to resolve all controversial issues peacefully. If you can’t reach an agreement, you will have to go to court. In this case, it is important to correctly draw up a statement of claim and prepare other documents that are evidence of the plaintiff. , .