A proposal for a pre-trial settlement of a dispute under a purchase agreement
To the Director of the Limited Liability Partnership "Altyn Dala Residential Complex"
Kasimov B.K.
Almaty, Almaly district, Kabanbai batyr str., d...
from N-oh A-Pamirovna
Almaty, Auezovsky district, md....,
D. ..., sq. 28
phone number .........
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
A proposal for a pre-trial settlement of the dispute.
On March 3, 2025, a Preliminary purchase and sale agreement for apartment No. AD was concluded between the Limited Liability Partnership Altyn Dala Residential Complex, represented by Director B.K. Kasymov (hereinafter referred to as LLP) and N.A.P./1117/16/47 (hereinafter referred to as the Agreement).
According to clause 1.1 of the Agreement, "Party-1" (LLP) undertakes to sell, and "Party-2" (NP) undertakes to purchase from "Party-1" residential space in the Altyn Dala residential complex under construction, the location and technical characteristics of which are specified in Appendix No. 1 one to this Agreement. The Agreement, by concluding a subsequent agreement for the purchase and sale / transfer of an apartment with a notary (hereinafter referred to as the "Main Agreement"), on the terms provided for in this Agreement.
According to the obligations assumed under the Agreement, I paid the LLP money in the amount of 11 171 730 tenge.
During the study of the terms of the Contract and the legislation of the Republic of Kazakhstan in the field of housing construction, it was found that the Contract does not comply with the norms of the current legislation of the Republic of Kazakhstan.
According to the preamble of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law), this Law regulates public relations related to equity participation in housing construction of multi-family residential buildings or complexes of individual residential buildings by attracting money from equity holders, and also establishes guarantees for the protection of the rights and legitimate interests of the parties to the equity agreement. participation in housing construction.
According to paragraph 1 of Article 3 of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law): This Law applies to relations in which one party undertakes to ensure the construction of an apartment building or a complex of individual residential buildings and (or) transfer upon completion of construction to the other party a share in an apartment building or a complex of individual residential buildings, and the second is to make a payment and accept a share in an apartment building or a complex of individual residential buildings.
According to paragraph 1 of Article 11 of the Law, an equity participation agreement in housing construction is concluded in writing or by means of an electronic digital signature certificate and is considered concluded from the moment it is registered with the local executive body at the location of an apartment building or a complex of individual residential buildings in accordance with the procedure provided for in Article 12 of this Law.
Thus, it follows from the provisions of the Law that the conclusion of other types of transactions in the field of housing construction, except for the Agreement on equity participation in housing construction is not provided.
According to subparagraph 1 of Article 7 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), civil rights and obligations arise, change and terminate from contracts and other transactions provided for by the legislation of the Republic of Kazakhstan, as well as from transactions, although not provided for by it, but not contrary to the legislation of the Republic of Kazakhstan.
According to paragraph 4 of Article 8 of the Civil Code, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
According to paragraph 1 of Article 158 of the Civil Code, a transaction the content of which does not comply with the requirements of the law, as well as a transaction made for a purpose knowingly contrary to the principles of law and order, is contested and may be declared invalid by a court, unless otherwise provided by this Code and other legislative acts of the Republic of Kazakhstan.
According to paragraph 2 of Article 7 of the Law, it is prohibited to attract money from individuals and legal entities for the construction of apartment buildings in ways not provided for by Law.
In accordance with paragraph 1 of Article 7 of the Law, the following methods of organizing equity participation in housing construction are provided::
1) obtaining a Single Operator's guarantee;
2) participation in the second-tier bank project;
3) attracting money from shareholders after the construction of the frame of an apartment building.
By virtue of paragraph 1 of Article 159 of the Civil Code, the basis for the invalidity of a transaction is its commission without obtaining the necessary permission or after the expiration of the permit.
Consequently, the Contract concluded between the LLP and me is invalid and according to the regulation on the consequences of the invalidity of the transaction provided for in Article 157-1 of the Civil Code, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return in kind, reimburse the value of the property to be returned.
Thus, the amount received by the LLP in the amount of 11,171,730 tenge is subject to refund.
In connection with the above, I ask you:
- conclude an agreement with me on the termination of the Preliminary Purchase and Sale Agreement for apartment no. AD/1117/16/47 dated 03.03.2025;
- return to me the money paid under the Contract in the amount of 11 171 730 tenge.
To satisfy the request on a voluntary basis within 10 (ten) calendar days from the date of receipt of this offer.
Details for crediting money: Kaspi Bank JSC, BIC CASPKZKA, IIC KZ69722C000025161200, N.A. Pamirovna, IIN 900919400269
In case of refusal or failure to provide an answer, I reserve the right to file a lawsuit with the specified requirements, with the imposition of representative costs and legal costs on the LLP.
According to article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.
According to paragraph 4 of Article 157-1 of the Civil Procedure Code of the Republic of Kazakhstan, the court may recover from the party guilty of committing acts that caused the invalidity of the transaction in favor of the other party the losses incurred by the latter related to the recognition of the transaction as invalid.
N-a A.P.
03.10.2025
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