PRE-TRIAL CLAIM for termination of the contract of sale of real estate
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.
S..... W..... From...... AND FROM ......... Turkestan region,
Maktaaral district, Myrzakent settlement.......... 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 .................... (Hereinafter referred to as the seller) posted ads on the site “Krisha.kz ” own an apartment building with a plot of land. 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 a deposit. 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. As follows from the requirements of paragraph 1 of Article 292 of the Civil Code of the Republic of Kazakhstan, the fulfillment of an obligation may be secured by a penalty, pledge, retention of the debtor's property, surety, guarantee, deposit, security contribution and other means provided for by law or contract. According to paragraph 1 of Article 337 of the Civil Code of the Republic of Kazakhstan, a deposit is an amount of money given by one of the contracting parties to account for payments due from it under the contract to the other party and to ensure the conclusion and execution of the contract or the fulfillment of another obligation.
PRE-TRIAL CLAIM for termination of the contract of sale of real estate
In accordance with Clause 2 of Article 338 of the Civil Code of the Republic of Kazakhstan, in case of default, the party that gave the deposit is responsible, it remains with the other party, and if the party that received the deposit is responsible, it is obliged to pay the other party double the amount of the deposit. Moreover, the party responsible for non-fulfillment of the obligation is obliged to compensate the other party for losses, taking into account the amount of the deposit. 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 you, as the Buyer, intended to buy real estate located at the address: Turkestan region, Maktaaral district, Atakent village, ul......... 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 by May 15, 2021, the specified amount. In addition, the buyer attempted to reformulate this property by deception and abuse of trust, which contradicts the norms of art. 190 part 4 of the Criminal Code of the Republic of Kazakhstan.
PRE-TRIAL CLAIM for termination of the contract of sale of real estate
However, to date, more than one month has passed since the conclusion of the contract and payments under the contract have not been made, thereby not fulfilling the obligation properly, 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. By doing so, you are causing real material and moral harm to the seller. According to the requirements of paragraph 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to the understanding that corresponds to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation set out in this chapter, primarily in its article 2. According to paragraph 1 of 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. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.
PRE-TRIAL CLAIM for termination of the contract of sale of real estate
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved. Thus, ....... N.R. remains entitled to claim lost profits and losses from Suleymanov S.S. We hereby invite you to voluntarily terminate the contract. If you do not pay the agreed amount, we reserve the right to take the matter to court and terminate the contract unilaterally. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) in the amount of 3,000,000 tenge, as well as pre-trial services in the amount of 716,000 tenge, also apply to other competent authorities of criminal prosecution.
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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