preliminary agreement purchase and sale (as well as the base) is better to issue a notary.But contract , written by hand, does not lose its legal force.The main thing that it was written and signed it by hand and not printed.
If the buyer does not have time to gather the specified date required amount to pay for the purchase in full, then it must notify the seller in writing and ask to postpone these dates in contract e. The most acceptablenotification options, which then can be proved, if necessary, a letter of notification and the list of contents.
Most often people manage contract os peacefully.But it so happens that the seller does not want to wait or find more profitab
le buyers.Then he must pay the customer the amount of the deposit in double or triple the amount and pay specified in the contract s fine.This is the condition most often fails and leads to litigation.In the role of the injured party is the buyer.Seller is rarely injured party, as a certain amount of cash it has already received, allowing you to cover your expenses in case of non-agreement well.
If Seller unwillingness to wait or if the seller has breached the terms of the contract well and is going to sell the property more profitable customers, the aggrieved party may apply to the arbitration court.The application must specify all the reasons for the differences.
deposit can be returned by the court, but often the court decides to return to buyers only those funds that they gave as a deposit.Making a person to sell his property and the right to issue it on the other person the court has no authority.The court has the authority only to pay damages to the injured party.
If the seller and buyer have entered into a preliminary agreement purchase sale and the buyer during the period until the conclusion of the main contract and found some significant deficiencies or other insuperable circumstances due,with whom he does not want to buy this property, it will have the right to demand return of the deposit amount.When verbal negotiations with the seller does not lead to positive results, it is only one way - to apply to the court.
Tip 2: How to cancel the preliminary contract
Preliminary agreement is an agreement by the parties and confirmed their intention to sign in the future, the main contract contains the final terms of the transaction.In fact, the obligation to enter into a full agreement.To terminate it unilaterally impossible.But terminate such an obligation may be other means, based on the conditions stipulated in its agreement.
To begin, read the document, it must have item describing the procedures and conditions for its dissolution.In the absence of such a clause should be guided by the general rules established for the termination of contracts of this type.In this case, you need to find a good reason for the termination.Since using this commitment, your opponent may try to force you to conclude the basic contract, applying to the courts.
First of all, check the terms of the agreement set forth in the contract.Violation of the rights and obligations of the parties or the terms of the deal allows a preliminary agreement to terminate before the end of its term without trial.
can also terminate the contract, provided that the principal had not been concluded at the expiry of the previous agreement.A preliminary agreement has to be specified therein.Otherwise, its action is limited to one year from the date of signing by the parties of the document.
Now pay attention to the design document.Ad Hoc unified form a preliminary agreement does not exist, it is made based on the specific preparation of the main contract.This misuse of its registration may be grounds for annulment of the agreement.
Having grounds for termination of the preliminary contract, report of its termination of your partner by giving him the appropriate notice.If your opponent refuses to its dissolution, considering the grounds for your claim insufficient or does not respond within the period specified in your notice, you can go to court to resolve the issue.
- termination of the preliminary contract
- prior termination of the contract of sale