Is it possible to cancel the contract of sale of the apartment, if it has already been signed
Often people who are forced to sell or buy real estate on their own, wonder whether it is possible to cancel the contract for the sale of real estate, if it is already signed. For example, it may be that in fact the transaction has already occurred, but the seller can not or does not want to be discharged from the apartment. To answer this question, it is necessary to refer to the legislation. In particular, the Civil code can help. According to him, the contract of sale can not be canceled if it has already been signed.
But it can be terminated in two ways: by invalidation or by termination. The mutual consent of both parties is required for the termination of any contract. In this case, you will have to make a deal in the likeness of the reverse. With it, the apartment or other property will have to be sold back to the person who sold it, and the seller will need to reimburse all costs incurred by the buyer and aimed at conducting the transaction. That is, he must return the money for the sold property, as well as for registration and other expenses. If mutual agreement between the parties could not be reached, the contract of sale can be terminated either on the basis of violation of a material condition by one of the parties or by recognition through the court of such agreement invalid.
If there were sufficient grounds for doing so, it could also be shown that the Treaty could not be implemented as being null and void. The essential conditions, the violation of which leads to the termination of the contract, include the following. So, if the buyer has not fulfilled the conditions for all cash payments on its part. If the buyer of real estate did not want or could not make payment with the seller in turn for the acquired apartment in due time, this violation is the basis for termination of the contract. However, the agreement must already be registered in the Russian register of law. Also, the basis for termination of the contract is the seller’s failure to comply with the conditions that are aimed at removing from the registration, as well as the actual release of the apartment. There are other grounds for termination of the contract, if there are any new unaccounted circumstances, significantly limiting the right to use the apartment to the buyer. For example, after some time a person was released from prison and began to apply for use or accommodation in this apartment. In fact, this person acts on all legal grounds, because before the conviction it was registered in this apartment. At the time of the transaction, the buyer was unaware of the seller’s rights through the seller’s fault. The seller, for this ground to be effective, must have deliberately withheld such a material apartment for the performance of the contract. Therefore, the circumstances arising after the announcement of the person act as a basis for terminating the contract.
Let us now consider another basis for the termination of an already signed contract of sale. It will consist in the fact that the contract must be declared invalid or unenforceable. This is possible if the seller was not aware of the sale of his apartment, and he in fact did not make this transaction. For example, a fraudster made forgery of documents of title or wrote a false power of attorney. In modern conditions, these scams are extremely widespread. Therefore, it is necessary to carefully study all the documents relating to the transaction. The power of attorney in General should be subjected to a thorough analysis. If the transaction is declared invalid by the court, then the whole chain of actions that followed it will also not be valid. The same basis can be attributed to the situation when the transaction was made by a citizen, who had previously been recognized by the court as limited incapacitated. In order for the court to recognize the contract of sale invalid, the court must present documents from the neuropsychiatric clinic, giving reason to believe that the person was incapacitated. It is possible to invalidate such a contract, which was concluded by the seller who is in a state of alcoholic or narcotic intoxication.
This also includes the actions of a person who, because of his age, could not fully give himself a full and objective account of the actions that he committed or at the time when the transaction was concluded, he had limitations in health, for example, concussion, amnesia. This factual circumstance can be proved to the relatives of the person, his friends or heirs of the apartment that was sold as a result. But in court it is necessary to provide in addition to testimony and medical documents. The contract under which the apartment was sold on the basis of a power of attorney may also become invalid. In this case, the documents must be in the register of rights in the registration process, and the owner of the apartment during this period died. The court will most likely find such a contract invalid. Similarly, he will do and then, if the buyer dies, who previously managed to write a power of attorney, giving the right to buy an apartment in his own name. In any case, the contract of sale is invalidated if at the time of signing the power of attorney is canceled. Often the court invalidates the contract concluded with legal entities, if the constituent documents were not properly executed. This may be due to the signatures of persons who were not authorized to do so, or the permission of the founders was not obtained. When making a real estate transaction, you should carefully check any relevant circumstances.