Termination of the contract of sale is a rather specific procedure. For its fulfillment it is necessary to know certain subtleties of the law. In accordance with the general rule, the termination of the contract of sale of real estate unilaterally (at the initiative of only one party to the transaction), for example, is prohibited. However, in this case there are exceptions. Next, we consider in more detail under what conditions the termination of the contract of sale is carried out. A sample requirement will also be described in the article. And the form can be seen in the picture below. 
General information
Termination of the contract of sale of real estate or other property constitutes a complete termination of the agreement and the termination of legal relations between the parties. However, the will of one of the participants to carry out this procedure is not enough. You can terminate the agreement either by agreement of the other party, or file an application with the court. The termination of the contract of sale must be carried out in the same form in which its conclusion was made - in writing.
Important point
What is there to say? In practice, the termination of the contract of sale by mutual consent of the participants is quite rare. In a property transaction, neither one nor the other party can expect to return something, in accordance with the obligation, until the moment of cancellation, unless otherwise provided in the agreement. So, for example, if the preliminary contract of sale is terminated, the advance payment paid is not refundable. Moreover, even if the legal relationship is completed. 
Legislative Cases
Art. 450 Civil Code establishes the conditions under which termination of the contract of sale can be carried out, amendment of the agreement or other manipulations. In particular, the document may cease to exist if there are serious violations of the conditions stipulated in it, or in other cases provided for in it or in the law. Serious violations, in particular, include the action of one of the participants, in which the second receives significant damage. In other words, the termination of the contract of sale of real estate, for example, occurs if one of the parties loses what it expected at its conclusion. Violations of this kind include:
- Refusal of eviction and deregistration. This obligation may be violated, respectively, by the seller.
- Failure to transfer money. The contract was signed and registered, but the buyer did not receive the agreed amount.
Unseen circumstances
The law provides for another case in which the contract of sale may be terminated. In particular, we are talking about a change in circumstances that existed at the time of the transaction, and from which the parties proceeded, not assuming the onset of others. In this case, there is no fault of the direct participants in the legal relationship, but nevertheless, some sudden phenomena do not allow to conclude an agreement.
Such situations are considered the most common in practice. For example, the termination of the contract of sale by the buyer may occur if the former owner of the apartment suddenly has a relative who has left the prison ahead of schedule.Prior to the sentencing, this citizen was registered and occupied an area. This circumstance at the conclusion of the transaction was not expected.
The seller provided guarantees that there was no burden on this object, no one was applying for it, it was not pledged, and so on. Since the relative who has appeared has nowhere to live, he decides through court to again secure the right to reside in this room. The court grants his request and allows him to register in the apartment again. Undoubtedly, if the party acquiring the object knew about this circumstance, then it would not have gone to the conclusion of a transaction. In this case, the buyer has the right to demand the termination of all obligations assumed under the terms of the agreement. 
Invalid transaction
First of all, it should be said that the recognition of the agreement as invalid and the termination of the contract of sale are two different things. These procedures are combined by the fact that in both cases the agreement is canceled and the obligations undertaken by the parties are terminated. The differences are mainly in the consequences. If the transaction is declared invalid, the violator will have to return everything that he received at its conclusion, and in some cases also compensate for the damage caused. In particular, such consequences arise if the contract of sale of goods is terminated. The invalidity of a transaction may be established if:
- She violates the law.
- One of the parties is partially or completely incompetent.
- The agreement was signed by a person who could not control his behavior. In this case, you should determine the differences from the previous situation. The point is that a person could not control his actions immediately at the time of signing the contract. Moreover, it can be psychologically healthy in general. For example, he could lose control when taking alcohol, due to injury, due to old age and so on.
- One of the parties to the contract is a minor. If the court determines that the rights and interests of the person are not violated, the transaction will be recognized as legal.
- The agreement is concluded under pressure, through threats, violence, deceit, conspiracy and other serious circumstances. Here it is necessary to take into account that if fraud occurred during the conclusion of the agreement, then recognition of the invalidity of the transaction will be quite difficult. You should contact not only the judicial authority, but also the police to institute criminal proceedings on this fact.
- The transaction is feigned or imaginary. In the first case, this refers to the conclusion of an agreement to cover up other legal relations. Imaginary deal It is a procedure that is performed without the formation of any legal consequences.
Legal relationship of citizen and organization
A seller may be a company. If it is discovered that its statutory documentation is not drawn up correctly, then the agreement may be invalidated. For example, an agreement may be signed by an unauthorized person or the agreement is registered without the consent of all the founders. Most likely, the transaction will be canceled.
Termination of the contract of sale of an apartment before registration
In this case, ending the relationship is much easier. The termination of a sales contract by a seller, for example, may take place with less risk for him. The object in this case has not yet been transferred into the possession of another person. If one of the parties demands the termination of the agreement, and on this issue it has come to mutual agreement with the other side, it is necessary to sign the corresponding document. He will confirm the termination of the contract of sale of the apartment.
What to do if registration is already done?
In this case, returning the property is more problematic.Termination of the contract of sale of real estate is allowed only in situations that are expressly provided for in the legislation or agreement. In accordance with the Civil Code, cancellation can be registered during the contract period. In other words, after the fulfillment of obligations by the parties and the expiration of the transaction termination of the contract is impossible. In the case of partial execution of the transaction and registration of the transfer of authority to the object, the termination of the agreement does not itself mean the return of property. To ensure the possibility of receiving all transferred back, this condition must be prescribed either in the original contract or in the agreement on its cancellation. 
Pre-trial Order
As indicated above, the agreement can be terminated by mutual agreement. Appeal to the court takes place only in case of refusal to terminate the contract. The party of legal relations should give its answer within 30 days, unless the agreement provides for a different period. If a refusal is received or the second participant ignores the appeal, you will have to sue.
Filing a lawsuit
Termination of the contract of sale must be justified by relevant facts. Quite often, initiators of transaction cancellation make a serious mistake. The fact is that upon presentation of requirements for the termination of the contract, they do not stipulate the time for the return of the transferred property. The court has the right to make decisions only within the limits of the claim. Thus, a decision can only be made on the termination of the contract. Moreover, the further fate of the property itself is not determined. The Civil Code states that if the state registration was carried out, then canceling the transaction or terminating the contract of sale is not a reason for terminating the buyer's authority to dispose of the object.
In this regard, many apply to the court again, demanding the return of ownership. To prevent such a situation, it is advisable to include in the lawsuit a request not only to terminate the contract (indicating the grounds for this), but also to return all the property that was transferred. If there are significant violations of one of the parties, the other may also demand compensation for moral damage, material losses (if any). A lawsuit is drafted in accordance with the law in accordance with general rules. A prerequisite is to provide justifications for the need to terminate the contract. Samples of claims require the details of the parties, the name of the judicial authority. If necessary, documents confirming certain violations are attached to the application. 
Typical cases
Quite often, a contract of sale provides for the transfer of money after state registration. In this case, the owner of the property is at significant risk. If the buyer refuses to pay, you can get your property back, but it is very problematic. The former owner of the object, however, has the right not only to demand the return of his property rights, but also compensation for damage, interest, compensation for losses. If the buyer has not paid the required amount, but has not yet received the property in personal possession, then the original owner has two options: either require the fulfillment of obligations, or withdraw from the agreement.
How to protect the owner?
First of all, it is necessary to pay special attention to the procedure for drawing up a contract. It is advisable to fix the following points in the agreement:
- The possibility of canceling the transaction if one of the parties (or both participants) does not fulfill obligations.
- Date of transfer of the amount of money. This procedure can be carried out after or before registration of the right.
Guarantees of the party acquiring property
The law establishes that the fact of transfer of property should be recorded in the relevant document.It may be directly a deed of conveyance or other paper indicating this circumstance. At the same time, the law does not establish a specific date for this event. The existing definition of “transfer in a reasonable period” is considered to be very conditional. In this regard, a period should be provided for in the agreement. If the original owner does not fulfill this condition, then the second party may demand it by force or ask for compensation for losses. 
Termination of the contract of sale of a car
In most cases, a transaction is concluded between the parties to acquire a used vehicle. Such cars often have defects. Of course, buyers are generally not informed of them. However, identifying serious flaws, many new owners are going to terminate the contract of sale of the car. As in the situation with the living quarters, one should try to reach a mutual agreement without a court. First of all, the buyer should indicate to the former owner the identified deficiencies, while demanding the return of the transferred amount, as well as consent to terminate the contract. If received, then cancellation is in writing. In case of refusal, a complaint is written. Termination of the contract of sale through the court is carried out while ignoring the requirements specified in it, or refusing to fulfill them. Here is a citizen:
- Lists identified defects.
- It requires a refund of the transferred amount and termination of the contract.
- Notifies that in case of failure to comply with these requirements, he will be forced to apply to the judicial authority.
The second party must respond to this claim within 30 days. The situation with the cancellation of the agreement with the salon is somewhat more complicated. This is mainly due to the fact that such a company employs fairly competent lawyers. However, some citizens manage to satisfy their requirements. In any case, regardless of whether the citizen or organization is the other party to the relationship, you should try to resolve the conflict peacefully. If this is not possible, restore your rights only through the courts.
