Pre-trial claim for the return of the deposit amount

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.

For an individual entrepreneur

"Center of Kazakhstan Real Estate"

Zhanar Sarsenovna Zholdybayeva

IIN 741022450435 Almaty, Bostandyk district, ul.

Zheltoksan, 177 B. Almaty, Baitursynova str., 72, sq. 37.

phone: +7 _______________.

from the citizen: .......... IIN ........... +7 701 ..............

Representative by proxy:

Law Company Zakon i Pravo LLP

represented by CEO Galymzhan Turlybekovich Sarzhanov

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

info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.

PRE-TRIAL CLAIM

On January 22, 2019, between Tuleeva Nazira Maksutovna (Dale the Buyer) and you gr. .................... (hereinafter referred to as the Seller) a civil law agreement was concluded in accordance with Articles 150-151 (Transactions made under the condition, Form of transaction) of the Civil Code of the Republic of Kazakhstan, a Deposit Agreement (hereinafter referred to as the Agreement) According to the terms of clause 1,2,3 of the Contract, the Buyer transferred and the Seller received a deposit in the amount of 1,136,340 tenge in order to ensure the conclusion of a Purchase and sale Agreement for an apartment consisting of 3 living rooms located at the address of Almaty, Bastandyk district, mkr. ………...., preulok-5, plot No. 1, 2nd spot, 2nd floor, with a total area of 151 square meters, where the parties agreed that the selling price of the object under the Purchase Agreement will amount to 65,907,720 tenge in the equivalent of 174,000 US dollars.

The purchase and sale agreement must be concluded no later than May 22, 2019 from the date of signing this agreement. To date, you have not fulfilled your obligations under the Deposit Agreement dated January 22, 2019, where you received the obligations provided for in clause 5 of the Agreement, where it is stated "After signing this Agreement, the Seller undertakes to prepare within the time period provided for in clause 3 of this Agreement, the documents necessary for the conclusion and registration by the Buyer of the purchase agreement, moreover, to ensure that there are no encumbrances on the Object, as well as to obtain permits and / or authority to conclude the Purchase Agreement from all owners and third parties whose interests may be affected by the sale of the Object of this Agreement" - However, we only see a violation of Contractual Obligations, whereas Article 272 of the Civil Code of the Republic of Kazakhstan "Proper performance of an obligation" stipulates that the Obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law.

Pre-trial claim for the return of the deposit amount

I would like to remind you that clause 6 of the Agreement provides for: If, during the period specified in clause 3 of this Agreement, it turns out that the Seller does not have or has limited ownership of the Object, which prevents the conclusion of the contract of sale of the Object with the Buyer, as well as if, prior to the conclusion of the contract of sale of the Object, the Seller If the Seller refuses to sell the Object, or changes its contractual value, or sells the Object to third parties, the Seller undertakes to pay the Buyer double the amount of the deposit in accordance with clause 2. Article 338 of the Civil Code of the Republic of Kazakhstan at the Buyer's first request. Article 338. The Civil Code of the Republic of Kazakhstan "Consequences of termination and non-fulfillment of an obligation secured by a deposit" stipulates that if the party who received the deposit is responsible for non-fulfillment of the obligation, 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, since the contract does not provide otherwise." To date, you have not fulfilled your obligations, in addition, 8 months have passed since May 2019 and to this day we have not received any reasoned letter about the postponement of the construction site and / or other valid reasons, respectively, we believe the Seller unilaterally refused to fulfill his obligations and do not want to settle somehow Contractual relations.

Based on the above arguments, we believe that the terms of the Deposit Agreement were violated, namely, the late conclusion of a Purchase and Sale Agreement for an apartment consisting of 3 living rooms located at the address of Almaty, Bastandyk district, MKR. .............., D. preulok-5, plot No. 1, 2nd spot, 2nd floor, with a total area of 151 square meters. Violation of an obligation is understood as its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions determined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan.

By doing so, you have caused real material and moral harm to the Buyer and his family. In these circumstances, we require you to promptly return the amount of the deposit in double the amount, namely funds in the amount of 2,272,680 tenge, as well as losses incurred by the Buyer in the amount of 727,320 tenge. In total, the Seller's debt to the Buyer amounted to an amount of 3,000,000 tenge. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the Buyer's trust.

Pre-trial claim for the return of the deposit amount

We suggest that you voluntarily return the funds in the amount of 3,000,000 tenge to the Buyer by January 31, 2020. If you do not return the funds within the specified period, we reserve the right to take this matter to court. As well as to recover the amount of material (losses and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and moral damage and/or apply to other competent authorities. 152 and 279 of the CPC RK and art. 402 of the Civil Code of the Republic of Kazakhstan, providing that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff has not complied 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 has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

Yours sincerely,, ___________________/ ..................... "___" _____________2020

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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