Challenging the contract of sale of real estate

Today, the category of complex procedures includes challenging real estate sales contracts. This procedure can provoke various problematic situations. Very often, Ukrainians buy real estate with their last funds, and at the same time, they can be left with nothing. For example, in some situations, it may be necessary to contest the contract of sale of real estate. Specialists of our law firm Prykhodko and Partners will help you understand these issues.

Cases in which the contract of sale of real estate can be appealed

We suggest that you consider the situations in which it is possible to appeal the sales contract:

• Inconsistency of the contract with the form established by law.

Any contract must comply with the form prescribed by law. This is justified in Article 203 of the Civil Code of Ukraine. As for the sales contract, it is concluded only in writing between the buyer and the seller. And, as a matter of course, it must be certified by a notary public.

In case of violation of the requirements for the execution of the contract, it may be declared invalid.

• Pressure on one of the parties when concluding a sales contract.

A sales contract implies voluntary consent to its conclusion by both the buyer and the seller.

• Fraud when drawing up a sales contract.

If you have become a victim of scammers, the court may invalidate it. Very often there are cases when real estate owners attribute invalid characteristics to it, in particular, excess area. It is worth noting that, according to the law, deception will still need to be proven. In Article 230 of the Civil Code of Ukraine, deception refers to situations that deny the existence of circumstances that prevent the commission of an offense.

One of the main characteristics of deception is intent. For example, the seller deliberately hides some facts related to the real estate object. That is, he deceives the buyer in order to achieve a selfish goal. It can be not only the silence of some conditions and circumstances, but also the direct falsification of documents.

• Conclusion of a contract of sale by an incapacitated person or a person who was not aware of his own actions.

In order to conclude a contract of sale, a person must have the necessary civil legal capacity. A contract for the purchase and sale of real estate, which was concluded by a person recognized as incapable, is recognized as invalid.

And these are far from all the cases due to which the contract of purchase and sale of movable property can be declared invalid.

Assistance of lawyers in contested real estate sales contracts

It is possible to challenge and terminate the sales contract both in pre-trial and in court proceedings.

Let’s start with pre-trial distribution. If the parties reach an amicable agreement regarding the termination of the contract, a new agreement with corrected data is concluded. This agreement is attached to the main document. At the same time, real estate and funds are returned to the previous owners.

If the parties cannot reach a compromise, the contract can be challenged only in court. The court can make the following decision: recognition of the contract as invalid, payment of a penalty, termination of the contract.

Important: termination of the sales contract is not a guarantee of automatic return of the paid funds to the buyer. The process of contesting a sales contract can be quite complicated. That is why it is better to involve professional lawyers. Prykhodko and Partners specialists will be able to solve even the most complex problems.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for contesting a real estate sales contract, fill out the form below.