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PRE-TRIAL CLAIM about illegal actions of a notary

PRE-TRIAL CLAIM about illegal actions of a notary

Attention!

The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

Notary Public of Turkestan  Notary District to Sultanov Kuanysh Baltabaevich

Turkestan region, Maktaaral district, Atakent settlement, Tashkent highway  

D. 3. from: ........... IIN ........... Turkestan region, Maktaaral district, ................

Proxy representative: Law and Law Law Company LLP

BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304.

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.

PRE-TRIAL CLAIM

In January 2021 ....... N.R. (Hereinafter referred to as the seller) posted ads on the website “Krisha.kz ” your apartment building. In January, Suleymanov S.S. (Hereinafter referred to as the buyer) saw this ad and called the seller at the phone number indicated in the ad. During the conversation, they agreed to meet. During the meeting, the buyer agreed to purchase an apartment building with a land plot and the buyer transferred funds in the amount of 1,500,000 tenge as an advance payment. About which the seller wrote a receipt for receipt of funds. Thus, the buyer assumed obligations to purchase this property and asked the seller to remove the ad from the site. “Krisha.kz ”. To which the seller agreed and removed the ad from the site. And potential buyers have not received information about the sale of this property. On April 29, 2021, the seller and the buyer notarized the contract No. 2325 for the purchase and sale of a share of a residential building with a land plot (hereinafter referred to as the Contract), where the essential terms of the contract are the fact that the buyer intended to buy real estate located at the address: Turkestan region, Maktaaral district, Atakent settlement, ................

PRE-TRIAL CLAIM about illegal actions of a notary

It was agreed by the seller and the buyer that the specified property would be sold for an amount of 30,000,000 tenge, which the buyer had to pay to the seller. However, to date, more than one month has passed since the conclusion of the contract and no payments have been made under the contract, thus the obligation has not been properly fulfilled, which contradicts Article 385 of the Civil Code of the Republic of Kazakhstan, where the performance of the contract is paid at a price set by agreement of the parties. Also, a violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan. According to Article 48 of the law on Notaries, a notary has the right to refuse to perform a notarial act if the transaction does not comply with the requirements of the law.

PRE-TRIAL CLAIM about illegal actions of a notary

Based on the above, we ask you to terminate the purchase and sale agreement No. 2325 and return the copyright documents for the above-mentioned property xxxxxx N.R. In case of refusal, we will be forced to apply to the Court and the Notary Chamber.

Sincerely, Representative by Proxy Lawyer: ________/ Sarzhanov G.T. "___"______2021 G. 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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