Because of what happens the termination of the contract of sale of an apartment?

Termination of the contract of sale of an apartment is a phenomenon for the Russian real estate market while rare. After all, future owners often weigh their decision for a long time before investing money in real estate. Nevertheless, there are cases when it is simply necessary to terminate such a contract.

It should be noted that, according to the Civil Code, the termination of the agreement by agreement of the parties is the only basis for the termination of all obligations. However, the transaction can be considered invalid and on the initiative of one of the parties. Only for this purpose it is necessary to address in court.

Circumstances have changed

So, the first point at which the cancellation of the contract of sale is possible, is that the circumstances under which it was concluded suddenly changed. In the case of a contract between a developer and an interest-holder, it can include non-compliance with construction deadlines. And if the house was supposed to be surrendered in November, but they have been dragging for six months already, then there are all legal grounds for canceling the deal.

Other circumstances are also taken into account, under which the contract would never be concluded. For example, the former owner of housing claimed that the property is not in encumbrance, that is, there are no other applicants for these square meters. And here you, having paid money, get into an apartment, but suddenly it turns out that there is a relative of the former owner who was in the places of imprisonment. Now he was free and returned to his premises. If you knew about the existence of such a relative, you would refuse to make a deal. By the way, early termination of the contract Purchase and sale often occurs precisely for this reason.

And the owner did not know ...

This option is distributed in the event that you conclude a transaction not with the owner, but with his trusted person. It is important to check whether the owner owns square meters in the course. It often happens that scammers use fake documents. And if the owner really did not know anything about buying and selling, then the court will stand on his side and annul your deal.

Disability or illness

The owner of the housing may be limited capable. In the court practice there are precedents when the seller of real estate appealed to the court and declared its incapacity, or else his relatives did it. And if this is confirmed by the corresponding medical certificates, then the court recognizes the transaction as invalid.

The same applies to the legal capacity lost in part. In addition, the owner of a sold housing may be in such a state when it is difficult for him to soberly assess their actions. For example, he is sick or injured. This includes strong alcoholic or narcotic intoxication.

In addition, the termination of the contract of sale and purchase of real estate is possible in those cases where the square meter of the owner is taken advantage of fraudulently. But this fact, of course, will have to be proved in court. Another reason for terminating a transaction in the event that it is between legal entities is errors in various statutory documents.