Terminate the purchase agreement
Advice from lawyers:
1. Terminate the purchase and sale agreement for furniture.
1.1. Did you submit a written application?
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1.2. Send a claim or proposal to the seller to terminate the Sale and Purchase Agreement. In case of refusal, go to court with a corresponding claim against the seller.
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2. I want to terminate the contract for the purchase and sale of furniture on the part of the buyer.
2.1. Submit a written, reasoned application for termination of the contract.
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3. Is it possible to terminate a purchase and sale agreement that has been executed by a notary?
3.1. Anna, it is possible in accordance with the terms of the contract.
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3.2. Hello! It all depends on why you want to terminate the contract and whether there is consent from the other party. If there is no consent of the other party, then termination is possible in court, but again, everything depends on the terms of the agreement and the reasons for termination.
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3.3. Anna, contracts are not signed in order to terminate them... Therefore, in the general case, terminating a signed and properly executed contract is not easy. For this, in any case, it is not enough to “just change your mind.” Reasons are needed: a gross violation of the terms of the contract by the other party or a sudden sharp change in objective circumstances, etc. In a number of cases (fraud, etc.), even without termination, the concluded agreement may be recognized as an invalid transaction. All this is done exclusively in court.
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4. I bought the Earthlings plot of sale and purchase, completed and the documents were given to NFS 10 days passed, the seller can stop the registration of the plot, half of the amount was given, the contract was written, half As soon as I get the document in hand, then I’ll give it back, it can be terminated or not. That’s what I wanted to know.
4.1. Hello. Yes, you can terminate it.
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5. Yesterday I sold my apartment, received the money, registered with the registry office, and made a purchase and sale agreement. Today the buyer calls and says that he has some problems with his daughter and needs money, asks to terminate the deal. Can I refuse?
5.1. The DCP has been submitted to Rosreestr for registration. After some time, ownership will pass to the buyer. By law, you don't owe him anything. The deal is completed. And it’s not a fact that you will have time. Humanly, it’s up to you to decide, but not before you receive documents on the transfer of ownership to the buyer. Then a new policy for a similar amount (actually the same policy, only the buyer/seller parties are replaced). Again payment of duties, etc. And then you also have to file a tax return (though it will be zero). In general... it’s somehow “cloudy” with the refusal...
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5.2. Of course, refuse the buyer, these are his personal problems, the transaction has already been completed and cannot be reversed.
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6. Please, we bought the house in installments, we signed a contract for the sale and purchase of the house, the house was pledged to the seller, as a result, the seller terminated the contract, filed a lawsuit for eviction and the house remained with her because She demanded the full amount and we couldn’t. As a result, we paid 50 thousand when signing the contract and 40 a month later. Question: this 50 thousand deposit amount or down payment in the purchase and sale agreement does not say a word about the deposit of money, just that the house is pledged (encumbrances)
6.1. Hello. This money is an advance, not a deposit, and is refundable.
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7. After buying the car and driving it for 30 km, the engine boiled, the car was brought back to the dealership on a tow truck, the car was accepted, they immediately wanted to terminate the sales contract, but we were told that it was too late, “everything has already been processed,” then they filed a claim, what are the next steps?
7.1. Hello, Vladimir! You can terminate the purchase and sale agreement within the first 14 days. After the incident, 14 days, since the car is a technically complex product, then only for repairs. To resolve this issue, more information is needed from you. Sign up for a consultation, we will help you resolve your issue!
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8. We bought a car on credit, the purchase and sale agreement specifies Renault Logan, and the loan agreement specifies Renault Sandero, less than 14 days have passed from the date of purchase, can we terminate the purchase and sale agreement and, if so, what is needed for this?
8.1. But you didn’t indicate what brand of car it actually was?
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9. A house was sold in installments with monthly payments, the buyer made 3 payments and left.. How to terminate a purchase and sale agreement.
9.1. Hello! According to the provisions of Art. 489 of the Civil Code of the Russian Federation, when the buyer does not make the next payment within the period established by the contract for goods sold in installments and transferred to him, the seller has the right, unless otherwise provided by the contract, to refuse to fulfill the contract
and demand the return of the goods sold, except in cases where the amount of payments received from the buyer exceeds half the price of the goods.
In other words, if the amount owed is more than 50%
of the contract price and there is a delay, then the seller can terminate the contract. Let's just say this is an absolute right.
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9.2. Hello. You have the right to terminate the contract. To do this you need to go to court.
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9.3. Hello. Through the court.
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9.4. It is important how the house was sold in installments - with registration or not... Further actions and the essence of the claim in court depend on this.
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10. The apartment was purchased using mat capital. For 4 years the wife has not allocated the share to the husband. Divorced. Is it possible to terminate an apartment purchase agreement?
10.1. Do you want to terminate the contract with the seller or...
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11. The house is under warranty from the developer. Replacement of the floor throughout the entire area of the premises is required (the fault of the developer). Claim for termination of the purchase and sale agreement due to discovered problems with the floor. Does the developer have the right to refuse to terminate the purchase and sale agreement, citing the fact that he is ready to eliminate the defects under warranty?
11.1. In any case, he will refuse. Moreover, if there is a guarantee, he can eliminate the shortcomings. Sincerely.
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11.2. He has the right, since this is a removable defect.
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12. The house is under warranty from the developer. Replacement of the floor throughout the entire area of the premises is required (the fault of the developer). Claim for termination of the purchase and sale agreement due to discovered problems with the floor. Does the developer have the right to refuse to terminate the purchase and sale agreement, citing the fact that he is ready to eliminate the defects under warranty?
12.1. Good afternoon Why do you need to terminate the contract? The developer will eliminate any identified deficiencies free of charge within the warranty period.
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13. I made a deal, bought a car under a purchase and sale agreement, but the car broke down after 2 days. Can I terminate the contract and return my money to the seller?
13.1. Hello, if you can prove that the seller hid a significant defect in the product from you, then you can. You need to see your contract; most likely, there is an indication that you are familiar with the technical condition and have no complaints. Try sending a written complaint to the seller first. Good luck and all the best.
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14. I bought a plot, received an extract from the Unified State Register, and built a house within a month. The seller now wants to terminate the purchase and sale agreement one month after the transaction. What should I do in this case?
14.1. Transactions cannot be terminated that easily; reasons are needed.
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14.2. Preparing for trial.
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14.3. And the seller said why he wants to terminate the contract? Perhaps there really is a reason.
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15. We bought a house with a mortgage, then we discovered that the wall of the house was crooked and began to collapse. Is it possible to terminate a purchase and sale agreement? In general, if real estate is purchased with a mortgage, can the buyer terminate the contract within a year?
15.1. Good afternoon Larisa. You can terminate the purchase and sale agreement through the court or voluntarily by agreement of the parties. In your situation, of course, most likely, termination will be possible through the court, but an examination must be carried out and based on its results there will be a court decision. Without this there is no way.
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15.2. If there are grounds and the question is correctly raised in court with justification of the evidence.
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15.3. And so, suppose you terminated the contract, but the seller no longer has the money, but you have a mortgage. A house can be recognized as unsafe or with serious defects only on the basis of a forensic examination. Forensic examination costs much more. Therefore, before going to court with a claim, have an examination done by an organization that has the right to conduct examinations; the results will make a lot clear. If it helped, please rate it.
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16. Is it possible to terminate a sales contract if the product (grinder, not under warranty) was not repaired within 45 days? Thank you.
16.1. Since the product is technically complex, it can be rejected within the warranty period if there is a significant defect that arose before the delivery of the product to you or for reasons that arose before its delivery to you, Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Significant are those that appear repeatedly after its elimination, the cost of eliminating which is disproportionate to the price of the product and other such defects. Since your repair is a regular one and not under warranty, the 45-day limit does not apply to it, since it is solely related to the elimination of a manufacturing defect within the warranty period. The period for eliminating defects not covered by warranty should have been agreed upon with you. And accordingly, you cannot refuse the goods. You can refuse a household contract, i.e. non-warranty repair of goods, Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
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17. I have several questions. Is it possible to mutually terminate the contract of a vehicle? How to do this without going to court? And if the vehicle is deregistered under this policy? And how to sell it again? Thank you.
17.1. Good afternoon In your case, an agreement to terminate the vehicle purchase and sale agreement is possible; a court is not needed. Detailed consultation by phone 89275170099
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18. Tell me, can the seller terminate the purchase and sale agreement with the participation of maternity capital if 2.5 years have passed since the conclusion of the agreement?
18.1. Good afternoon. If there are grounds provided for by law, for example, not full payment under the contract, then of course it can.
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18.2. Good afternoon Incomplete payment is NOT grounds for termination of the contract. In this case, the seller has grounds to file a lawsuit to collect the debt, and based on the court decision, a writ of execution will be issued and handed over to the bailiffs, who will seize the house until the debt is fully repaid.
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19. I bought shares in the apartment, one share owner sent a power of attorney to act on his behalf. The purchase and sale agreement was signed by a notary and submitted to the MFC for registration. Can the owner of the share who sent the power of attorney terminate this agreement for unknown reasons?
19.1. No, he cannot, unless at the time of signing he revoked the power of attorney.
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20. I signed up for a phone in installments from Megafon, but upon purchase I was not warned about the lack of support for some services that I need for work. I want to terminate the sales contract or change the phone model. Does installment complicate things? What to do if they refuse to exchange a product, citing its serviceability.
20.1. Hello. According to the Civil Code of the Russian Federation (part two)" dated January 26, 1996 N 14-FZ, clause 1 of Art. 502, you have the right to make an exchange within 14 days or receive the amount of money paid for it if the product retains its consumer properties and there is evidence of purchasing the product from this seller.
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I sold the car 2 years ago and went on shift, after 2.5 months the bailiffs imposed a restriction on registration,
How can you terminate an oral purchase and sale agreement between individuals? persons if payment was by transfer.
I bought a garage and did a visual inspection, everything was fine, but it turned out
I bought a car with a deposit, but at the time of purchase I did not know about the deposit. The previous owner pledged the car, made a new title and sold it.
The court terminated the house purchase and sale agreement. Home ownership and land
We buy a house for a price. capital (the documents have now been sent to Rosreestr) I want to terminate the purchase and sale transaction, i.e.
This situation is a purchase and sale agreement for a land plot that is not registered in the Rosreestr.
An agency agreement has been concluded for the sale of the house. A buyer was found and the MAC was signed.
On June 2, I signed a contract for the house with the land surveyor. I'm a buyer. Due to changed circumstances, I changed my mind and want to terminate the contract and return the money.
I signed a preliminary agreement with the seller for the purchase and sale of an apartment
I bought a car in February 2020, in May I find out that the car dealership sold me a car with low mileage,
Refund of advance payment upon termination of the apartment purchase and sale agreement
Any agreement can be terminated in two ways: either by agreement of the parties, or unilaterally. In the first case, everything is quite simple: the parties unanimously decide that the legal relations arising from the agreement must be terminated.
In the second situation, one of the counterparties refuses to fulfill such an agreement, but for this, the possibility of such a refusal must be clearly stated in the contract itself (or the law regulating these legal relations).
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Claim for termination of contract and return of funds
A contract for the sale and purchase of kitchen furniture was concluded between the plaintiff and the defendant. The plaintiff reports that the transaction was completed as a result of his misconception regarding its terms due to the provision of knowingly false information. The plaintiff asks to terminate the contract and return the advance payment amount. Compensate for moral damage caused and pay all expenses.
In ____________ district court ______________________________
Plaintiff: ______________________ Passport: series _____; No.__________ Resides: _________________________ Phone: ______________
Defendant: LLC "____________" Address: _____________________
Cost of claim: ____________ rubles.
The state duty is not subject to clause 4, clause 2 of Art. 333.36 part 2 of the Tax Code of the Russian Federation and part 3 of Art. 17 Law of the Russian Federation of February 7, 1992 No. 2300-1
STATEMENT OF CLAIM for termination of the Agreement and return of funds
_____________ year between me (hereinafter referred to as the Buyer) and the Limited Liability Company "___________" (hereinafter referred to as the Seller) a purchase and sale agreement No. ___________ dated ____________ was concluded (hereinafter referred to as the Agreement), according to which the Seller, in accordance with the specifications for this agreement, which are an integral part of the Agreement, undertook to manufacture pieces of kitchen furniture according to an individual project for a total amount of _________ rubles; kitchen accessories (sink, hood, water purifier) for a total amount of _________ rubles and provide delivery services for the goods I purchased for ___________ rubles. The total cost of the order was __________ rubles. I would like to draw your attention to the fact that this transaction was completed by me solely as a result of my misconception regarding its terms, due to the provision of incomplete and deliberately false information to me. Upon conclusion of the above Agreement, I deposited funds in the amount of ________ rubles into the Seller’s cash desk as an advance payment. My payment of the advance payment, in accordance with the invoice issued to me, is confirmed by a cash receipt dated ____________. In accordance with the annex to Agreement No. ___ dated _________, the Seller undertook to provide services for the manufacture and delivery of furniture items within up to ____________. The seller did not provide the service within the appointed time in violation of Art. 457 of the Civil Code of the Russian Federation, which provides for the seller’s obligation to provide the goods to the buyer within the time period specified in the Agreement. At the same time, according to the conditions of clause 9.3. The Agreement provides that the Order (Appendix No. 3) is an integral part of the Agreement. In violation of the terms of the Agreement, the contractor’s obligation to provide the service was not fulfilled. Starting from the end of ______________, I contacted representatives of the Seller almost daily, called all numbers in order to obtain information about when the service for the manufacture and delivery of furniture would be provided to me, in accordance with the Agreement, trying to find out the reasons delivery delays and further actions of the Seller to fulfill contractual obligations on its part. But I always received the same answer: my order would be fulfilled, but the deadline for its completion would be postponed to a later period. At the same time, the Seller’s representatives did not even bother explaining the reason for such a delay. I got the impression that negotiations in the store are conducted by incompetent employees who do not understand the obligations accepted by the organization, who do not make decisions, the management stubbornly hides behind the secretaries, documents are not drawn up, complete disgrace and lawlessness reign. Meanwhile, according to Articles 8, 10, Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”, the seller is obliged to bring to the attention of the buyer all the necessary information (complete and reliable information) about the goods and services, which must necessarily contain, among other things, information about the rules for the sale of goods (performance of work, provision of services), as well as an indication of the specific person who will perform the work (provide a service), and information about him. In addition, the promises of the organization’s employees that my order will be fulfilled, but the deadline for its completion is postponed to a later period, are a gross violation of the requirements of Art. 27 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” on the unacceptability of unilateral postponement of delivery dates by the contractor. At the same time, according to Art. 28 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”, the consequences of violation by the contractor of deadlines for completing work (rendering services) are: - the consumer assigns a new deadline to the contractor; — entrusting the performance of work (provision of services) to third parties; — refusal to fulfill the contract on the part of the consumer. Also, by virtue of this article, I, as a consumer, have the right to demand full compensation for losses caused to me in connection with violation of the deadlines for completing work (rendering a service). Losses are reimbursed within the time limits established to satisfy the relevant consumer requirements (in accordance with Article 22 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”), the consumer’s demand for the return of the amount of money paid for the service, as well as the requirement for compensation for losses, or provision of inappropriate information about the service, must be satisfied within ten days. I would like to draw your attention to the fact that I did not set new deadlines for the manufacture and delivery of furniture, which is confirmed by the absence of new deadlines for the delivery of furniture in the Agreement/Additional Agreement to the Agreement (since the establishment of new deadlines must be specified in the Agreement/ additional agreement to the Agreement, which is an integral part thereof). Additionally, we inform you that, by virtue of clause 4 of Art. 28 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” in this situation (if the contractor refuses to execute the contract for the performance of work (provision of a service), the contractor has no right to demand reimbursement of his costs incurred in the process of performing the work (provision of a service ), as well as payment for work performed (service provided).
Promises to manufacture and deliver furniture within three months turned out to be empty words. Having waited for the long-awaited delivery of furniture, having received nothing, having spent a lot of time, effort, health and money, I, in despair, only _____________ years ago submitted an application addressed to the General Director of LLC "___________" with a request to return money to me in the amount of ___________ rubles, in connection with failure to fulfill the Agreement. The application was accepted by a representative of the organization, as evidenced by the mark on my copy of this document. There was no official response to my statement from the organization. The funds that I asked to be returned to me were not only not returned in a timely manner, within the ten-day period established by law, but also have not been returned to this day. To my repeated demands for a refund, the answer was “NO MONEY”, and in what time it will be returned to me “UNKNOWN”. The result of negotiations to resolve the conflict situation was that I received a rude refusal to my legal demand. At the same time, by virtue of clause 2. Art. 463 of the Civil Code of the Russian Federation, if the seller refuses to transfer an individually defined thing, I have the right to present to your organization as the seller the requirements provided for in Article 398 of the Civil Code of the Russian Federation, namely: in case of failure to fulfill the obligation to transfer the individually defined thing into the ownership of the creditor, the latter has the right to demand taking away this thing from the debtor and transferring it to the creditor on the terms stipulated by the obligation. Instead of demanding to transfer the thing that is the subject of the obligation, I, as a consumer, have the right to demand compensation for losses caused by failure to fulfill obligations under the Agreement. Thus, for almost 10 (Ten) months I was forced, through the fault of ____________ LLC, to live without kitchen furniture (sets, sinks, hoods, etc.). Without kitchen furniture, the dining room in my apartment was not suitable for its intended use, due to the lack of necessary furniture and accessories in it, since _____________ all the old kitchen furniture was thrown out of the apartment due to the fact that I was expecting delivery of furniture the next day from the seller. New furniture was not supplied due to the fault of the organization. The kitchen is empty, there is no water, there is no way to buy a stove, because... The stove should be installed only when the furniture is placed EXACTLY in accordance with the furniture I ordered (excluding any gaps or cutting of “furniture”). All these months, my family lived in conditions unsuitable for living, since food is one of the essential human needs. Due to the inability to prepare food and store food due to the fault of the seller’s employees, in order to maintain biological existence, I and my family members had to eat in cafes, canteens, and restaurants, which is confirmed by invoices and checks from cash registers, as well as contracts that will be provided to the courtroom in confirmation of losses caused by the seller in connection with failure to fulfill obligations under the Agreement. In addition, due to the fact that the kitchen is the center of the home and a model of comfort and the face of home hospitality, for almost 10 (Ten) months my family members and I were deprived of joint home meals, evening conversations in the kitchen, etc. through the fault of LLC "___________". As a result, the psychological climate in our family was seriously disturbed, we began to quarrel and swear often, health disorders appeared, performance decreased, malaise appeared, i.e. moral damage was caused, which, in accordance with Art. 151 of the Civil Code of the Russian Federation is regarded as causing physical or moral suffering by violating personal non-property benefits. In accordance with Art. 15 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault. At the same time, by virtue of the above article, compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer. Based on the above, I estimate the moral damage caused by the seller’s inaction in the amount of ___________ rubles. All my attempts to somehow resolve the current situation have not led to a positive result: at the moment the furniture has not been delivered, the funds paid as an advance payment have not been returned. ____________, as a pre-trial settlement of the current controversial situation, I sent a registered letter with a claim by mail (a list of attachments is attached). Unable to wait any longer for the delivery of furniture from the organization and endure numerous inconveniences, I had to enter into an agreement for the supply of furniture with another organization. ____________ the furniture was delivered to me. The cost of the contract was _____________ rubles, including VAT 18%. Additionally, I would like to draw your attention to the fact that despite the name of the Agreement “Purchase and Sale Agreement”, this name of the Agreement is a titular one, since it does not reflect the essence of the purchase and sale agreement as a separate type of agreement, separated into a separate type of agreement, provided for by the obligatory part of the Civil Code RF. Due to the fact that the type of Agreement is classified by its subject, the subject of this Agreement is SERVICES FOR DESIGN, DEVELOPMENT, MANUFACTURE, ASSEMBLY, DELIVERY OF FURNITURE ITEMS. To date, my legal consumer demand, set out in the statement of claim dated ___________ and the pre-trial claim dated _________, has not been satisfied in violation of the requirements of Art. 22 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the protection of consumer rights.” At the same time, Art. 23 of the above-mentioned law provides for the seller’s liability for delay in fulfilling consumer requirements in the form of a penalty (penalty) in the amount of three percent of the price of the goods for each day of delay. In accordance with paragraph 5 of Art. 28 of the Law “On the Protection of Consumer Rights”, for delay in fulfilling obligations under the Agreement, LLC “____________” must pay me a penalty in the amount of 3% (three) percent for each day of delay in fulfilling contractual obligations. ____ days have passed from _____________ to the present (___________). Thus, the penalty is ____________. The total amount of the penalty as of the day of signing this statement of claim is ___________ rubles. I would also like to note the fact that all this time, LLC “_________” has been using my funds due to their unlawful retention and evasion of their return. In accordance with Art. 395 of the Civil Code of the Russian Federation, interest for the period from __________ to __________ year amounted to ____________ rubles. The defendant avoids pre-trial settlement of the conflict. However, Art. 17 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 provides for judicial protection of consumer rights. In accordance with the provisions of paragraph 4, paragraph 2 of Art. 333.36 part 2 of the Tax Code of the Russian Federation and part 3 of Art. 17 of the Law of the Russian Federation of February 7, 1992 No. 2300-1, consumers, when filing claims in court related to the violation of their rights, are exempt from paying legal costs.
In connection with the above circumstances and in accordance with Art. 8, 10, 13, 17, 22, 23, 27, 28, Federal Law “On Protection of Consumer Rights”, Art. 457, 458, 421, 463, 395, 398, 151 of the Civil Code of the Russian Federation, 131, 132, 133 of the Civil Procedure Code of the Russian Federation,
ASK:
1. Terminate the contract and return the advance payment in the amount of ____________ rubles; 2. Pay late fees in accordance with Art. 28 of the Law “On the Protection of Consumer Rights” based on 3% on the day of payment in the amount of _________ rubles”; 3. Pay interest for the use of other people's funds in accordance with Art. 395 of the Civil Code of the Russian Federation in the amount of __________ rubles. 4. Compensate for moral damages in the amount of _________ rubles. 5. Compensate for losses in the amount of ______________ (____________________) rubles. 6. Impose on LLC “___________” a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer in accordance with paragraph 6 of Article 13 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” for refusal to satisfy the stated requirements on a voluntary basis.
Attachments (copies): A copy of the Sales and Purchase Agreement on 2 (two) sheets. A copy of the Appendix to the Sales and Purchase Agreement on 1 (one) sheet. A copy of the Specifications for the Sales and Purchase Agreement on 1 (one) sheet. A copy of the Specifications for the Sales and Purchase Agreement on 1 (one) sheet. A copy of the Kitchen Plan on one (1) sheet. A copy of the Invoice on 1 (one) sheet. A copy of the check on 1 (one) sheet. A copy of the application dated __________ on 1 (one) sheet. A copy of this statement of claim with attachments for the defendant. A copy of the claim dated _____________.
Original documents will be provided to the court.
_________________ of the year
Sincerely,
_______________________
