Is it possible to cancel the contract of sale of an apartment, if it was already signed
Is it possible to cancel the contract of sale of an apartment if it has already been signed? often people who are forced to sell or buy real estate on their own are wondering whether it is possible to cancel the contract of sale of real estate if it has already been signed. For example, it may be that the actual transaction has already occurred, but the seller can not or does not want to check out of the apartment. To answer this question, you must refer to the legislation. In particular, the Civil code can help. According to it, the contract of sale can not be canceled if it has already been signed.
But there are two ways to terminate it: by invalidating it or by terminating it. Termination of any agreement requires the mutual consent of both parties. In this case, you will have to make a deal similar to the reverse. In this case, the apartment or other real estate will have to be sold back to the person who sold it, and the seller will need to reimburse all expenses incurred by the buyer and aimed at conducting the transaction. That is, he must return the money for the property sold, as well as for registration and other expenses. If mutual consent of the parties could not be reached, then the contract of sale can be terminated either on the basis of a violation of a material condition by one of the parties or by declaring such an agreement invalid through the court.
If there are sufficient grounds for this, it is also possible to prove the impossibility of implementing the contract as having no legal force. The essential conditions that lead to the termination of the contract are the following. So, if the buyer did not fulfill the conditions for all monetary calculations on their part. If the buyer of the real estate did not want or could not make a payment with the seller in turn for the purchased apartment within the specified time, then this violation is the basis for termination of the contract. However, to do this, the contract must already be registered in the Russian register of law. Also, the reason for termination of the contract is the seller’s failure to comply with the conditions that are aimed at removing from the registration register, 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 that significantly restrict 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 the use or residence 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, due to the seller’s fault, the buyer was not aware of the rights of this person. The seller, in order for this ground to be valid, must have deliberately withheld such a restriction essential for the performance of the contract. Therefore, the circumstances that arose after the announcement of this person act as a basis for terminating the contract.
Let us now consider a different basis for the termination of an already signed contract of sale. It will consist in the fact that this agreement must be declared invalid or not legally valid. This is possible if the seller was not aware of the sale of his apartment, and he did not actually make this transaction. For example, a fraudster made forgeries of title documents or wrote a false power of attorney. In modern conditions, these scams are extremely widespread. Therefore, you need to carefully study all documents related to the transaction. The power of attorney should generally be subjected to a thorough analysis. If the transaction is declared invalid by the court, then the entire chain of actions that followed it will also not be valid. The same reason can be attributed to the situation when the transaction was made by a citizen, who was previously recognized by the court as a limited incapacity. In order for the court to recognize the contract of sale as invalid, the court must present documents from the psychoneurological clinic that give reason to believe that the person was incapacitated. It is also possible to recognize as invalid such an agreement that was concluded by the seller who is in a state of alcoholic or narcotic intoxication.
This also includes the actions of a person who, due to 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 made, he had health restrictions, such as concussion, amnesia. This factual circumstance can be proved to the relatives of this person, his friends or heirs of the apartment that was sold as a result of this. But in this case, you need to provide medical documents in addition to testimony to the court. A 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 during the registration process, and the owner of the apartment died during this period. The court will most likely invalidate such a contract. He will do the same if the buyer dies, who previously managed to write out a power of attorney that gives the right to buy an apartment in his own name. In any case, the contract of sale will be invalidated if the power of attorney is revoked at the time of signing. Often, the court invalidates a 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 real estate transactions, you should carefully check any circumstances related to them.