(8
ratings, average: 4,50
out of 5)
Invalidation of a transaction
In some cases, a transaction for the sale and purchase of an apartment may be declared invalid by the court, which will mean that from the very moment of its conclusion the Agreement has no legal consequences.
The invalidity of the transaction itself and the Apartment Purchase and Sale Agreement can be established as a result of challenging the transaction, or as a result of its nullity.
The law provides that a transaction can be declared invalid, except for declaring it void, if it is completed:
- without the consent of a third party or government agency, which is required by law;
- a person aged 14 to 18 years;
- a person whose legal capacity has been limited by a court;
- a person who is unable to understand and direct his actions at the time of the transaction;
- as a result of some misconception;
- as a result of threat, violence, deception or a combination of difficult circumstances.
Also, the invalidity of a transaction may be recognized in the following cases:
- who inherited the apartment, sold it without taking into account other heirs;
- the apartment, which is jointly owned, was sold by one of the spouses without the consent of the other;
— the rights of minors were violated.
Challenging the deal
If there is a legal basis, you can have the transaction and the Apartment Sale and Purchase Agreement declared invalid, that is, challenge the transaction.
Such a challenge can be carried out by filing a claim with the interested party in court. The application must indicate which rights to the apartment were violated or were not taken into account. Taking into account all the circumstances, the court may recognize the transaction as valid or invalid.
A disputed transaction can be resolved in another way, providing for an agreement between the parties. A limitation period of 1 year applies to voidable transactions.
Insignificant transactions
Transactions that are completed from the very beginning with obvious violations are called void. They are illegal and therefore cannot be recognized as valid. Since the law was violated during its conclusion, it is invalid from the very beginning due to its nature, and not as a result of a court decision. It cannot be disputed, since there is nothing to argue about. But an application may be filed with the court to recognize the very fact of the transaction being null and void.
The Civil Code provides for transactions for the purchase and sale of an apartment that are void:
— committed in violation of the law and infringing on the rights of third parties;
- committed with a deliberate unlawful act;
— a prisoner with an incapacitated person;
- a prisoner with a person under 14 years of age;
- fictitious transaction;
- a sham transaction;
- committed with property in respect of which disposal is limited or prohibited by law.
The limitation period for void transactions is set at 3 years, but it can be extended to 10 years.