How to terminate a contract with a self-employed person, sample, procedure, unilaterally

Termination of a real estate purchase and sale agreement after registration is a labor-intensive process, but not uncommon when purchasing, exchanging or selling real estate. Real estate transactions have been and remain the most difficult, expensive and, as a rule, time-consuming and effort-consuming.

That is why, if any difficulties, errors or disagreements arise between the parties to the transaction, clearly coordinated actions are needed to successfully eliminate possible negative consequences.

Termination of the contract is a fairly common situation in transactions with immovable property. Typically, this situation arises when either party or both parties fail to comply with the terms of the contract, which leads to the end of the relationship between the parties and the return of money to the buyer and the return of goods to the seller (in this case, some real estate).

In addition to resources such as time, money and nerves, this process requires certain knowledge in the legal field. From this article you will learn how to achieve the desired result - termination of the contract.

As a result of the transaction, both parties - both the buyer and the seller - may experience dissatisfaction, and sometimes simultaneously. The seller may receive only part of the money or the entire amount, but with a delay. The buyer may, in addition to the real estate, receive debts for utilities registered at the address of citizens and other skeletons in the closet.

Therefore, Chapter 29 “Change or termination of the contract” of the Civil Code of the Russian Federation provides for the possibility of breaking the contract between the seller and the buyer of real estate. We present the articles included in the chapter:

Article 450. Grounds for termination;
Article 451. Termination due to change of circumstances;
Article 452. Progress of the termination procedure;
Article 453. Consequences arising from the termination of the transaction.

The legislative basis for all transactions with real estate (as well as the termination of such transactions) is Federal Law No. 122, according to which any transactions and their termination with real estate must be registered.

Federal Law No. 122 establishes a period of time from the moment of registration of a transaction during which it is possible to challenge the transaction and its legality - 3 years.

What is the correct date to terminate the contract?

How to terminate a credit card agreement, help in terminating agreements!
on “how to find out your credit history and check it online for free? You can contact us for selection and assistance in obtaining credit cards and consumer loans, how to find out your credit history. Free legal consultation on termination of contracts. How to get a credit history for free, in one day, from the Equifax credit history bureau. Rusfinance Bank provides services: car loan, consumer loan, credit card. Labor Code of the Russian Federation of December 30, 2001. Registration of employment. Employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract.

From what date is the contract considered terminated?

Consequently, if there is an obligation to carry out state registration of the agreement (transfer of rights under it) or notarize it in accordance with Art. 163 and 164 of the Civil Code of the Russian Federation, it will be considered terminated from the moment the fact of termination is endorsed by the state registrar or notary.

The procedure for terminating a contract, as well as the issues of calculating the day from which a previously signed document is considered terminated, are discussed in Art. 450–453 Civil Code of the Russian Federation. The indicated norms indicate that the specific date for termination of obligations under the contract should be determined depending on the order in which the transaction is terminated. The list of grounds for terminating a contract is given in the provisions of the Civil Code of the Russian Federation:

About the date from which the contract is considered terminated

I think it is also necessary to take into account what is specified in the contract: the procedure and terms of termination, the notification procedure (for example, is notification allowed by fax, and not just by mail), address for correspondence (it may be different from the legal or even actual location) .

To the opinion of my respected colleagues, I will add from myself that unless otherwise provided by law and the contract (for example, such horror as in 214-FZ - paragraph 4 of Article 9), in the event of a unilateral refusal to fulfill the contract, the moment of termination of the contract is the receipt by the party of notification of such unilateral refusal (delivery date). This is confirmed by PVAS dated December 1, 2011 No. 10406/11 (with a reservation, by the way, and also in a row). Also, PFAS is confirmed by the Ministry of Defense of July 19, 2013 N A40-127876/12-28-1231.

How to terminate a contract for paid services

It all depends on whether you are a consumer or not.

If you are a consumer, you can refuse to fulfill the service agreement at any time. This right is given to you by Article 32 of the Law “On Protection of Consumer Rights”. She also warns that you will have to reimburse the contractor for the expenses actually incurred by him.

If you are not a consumer but an entrepreneur, life gets a little more complicated.

If you are a customer of services, then the rule regarding reimbursement of actual expenses incurred remains the same, now under Art. 782 of the Civil Code of the Russian Federation.

If you are a service provider, then under the same article you can refuse to fulfill the contract only if you fully compensate the customer for losses.

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However, freedom of contract and clause 3 of Art. 310 of the Civil Code of the Russian Federation gives you the opportunity to insure yourself in case of non-fulfillment of the contract by the customer and include in the contract a condition on payment for unilateral refusal to fulfill it.

Previously, there were many problems with this condition, but now the courts have begun to recognize it more often. The Plenum of the Supreme Court, in paragraph 15 of Resolution No. 54 of November 22, 2016, confirmed the legality of such a fee, albeit with a reservation. The right to withdraw from a contract must either be contained only in the contract itself, or in a dispositive norm (this is a norm that the parties can change in the process of interaction). And yes, Article 782 of the Civil Code of the Russian Federation is dispositive, as stated in paragraph. 3 clause 4 of the resolution of the Supreme Arbitration Court of the Russian Federation “On freedom of contract”.

How to formalize termination of a contract: algorithm of actions

If you find yourself in a situation in which you are forced to consider terminating the contract, then, first of all, pay attention to the level of your own sanity and rational approach to the pressing problem. And then, having made a decision, begin to act in accordance with the presented algorithm.

In this case, a statement of claim is drawn up in accordance with all the rules for writing statements of claim. The role of the plaintiff can be any of the parties who defends their interests or is unable to achieve fulfillment of the conditions for terminating the contract from the other party.

How to write about termination of a contract

You will need to write about terminating the contract at least twice. The first time is right after you decide to break up with your counterparty. The law does not require this, but it is still better to send a notification letter to the official email. This can provide you with termination by agreement of the parties, without going to court.

Dear Vasily Ivanovich, good afternoon!

I expected to receive a 2 meter tall Danish spruce from you on December 30, 2018. Today is January 15, 2019, and there is still no spruce. Due to the fact that the New Year has passed and I no longer need the spruce, I suggest you terminate the purchase and sale agreement.

Please return the prepayment of 5,000 rubles to my account.

Account details Recipient bank: JSC Tinkoff Bank Corr. account: 301018101452501234567 BIC: 044525974 Recipient: Petrov Petr Vasilievich Payee's account: 408178107000012345678

I hope for speedy approval and expect a response by January 30, 2019.

Best regards, Petr Petrov

No one can guarantee that your counterparty will want to terminate the contractual relationship. Then you will have to go to court and send the counterparty a copy of the statement of claim and its attachments.

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How to terminate a contract correctly: necessary actions

Denunciation can also occur due to circumstances beyond the control of the parties. This could be, for example, the death of an employee, his conscription into the army or the entry into force of a court verdict, a state of incapacity or partial capacity, etc.

Before terminating a contract, the denunciation document must provide the basis for termination (if its procedure is voluntary, then the basis will be the will of the parties), as well as the moment of termination of the fulfillment of contractual obligations. If there are unfulfilled or unfinished obligations, it is necessary to provide for deadlines for their closure.

We terminate the contract through court

If the counterparty is against termination, you will have to go to court. There are several grounds for terminating a contract in court. There are general ones that apply to both the lease agreement and the gift agreement; there are special ones.

First, I’ll tell you about the general grounds for terminating a contract.

For example, Vanya sold Masha a synthesizer. Masha took the synthesizer and promised to pay in a few days. Months passed, Masha had already managed to record an album and went on a tour, but she still didn’t give Vanya the money. But Vanya was counting on them. In this situation, Masha significantly violated the agreement.

For example, you ordered a Christmas tree for the New Year, but the online store delayed delivery and offered to deliver it only in mid-January. Circumstances have changed significantly, because the holiday has already passed. Therefore, you have the right to terminate the contract.

Terminate the contract from what date

In case of unilateral refusal of the transaction, if such is possible by virtue of an agreement or law in accordance with clause 1 of Art. 450.1 of the Civil Code of the Russian Federation, a transaction will be considered terminated from the moment one party receives a notice of refusal to perform it sent by the other party, unless the parties state this issue differently in the contract itself. Consequently, the date of receipt of such notification (if sending a registered letter - the date of its acceptance from the postal employee) will be the day of termination of the transaction.

When can the contract be terminated?

The contract can be terminated at any stage of its execution. After execution, you can terminate it, for example, if the contract is a framework contract and you do not plan to continue relations with the counterparty.

You should always be careful and strictly follow the requirements of the law. For example, a lease agreement allows for early termination, but the property must be returned under a transfer deed with a check of its condition. Simply leaving your rental property does not automatically stop your obligation to pay rent. This was confirmed by the Arbitration Court of the Volga District in its ruling in case No. A55-28556/2014.

The termination procedure depends on your relationship with the counterparty. It can be resolved in a couple of days, or it can drag on for years of litigation.

On termination of the contract

3. In the event of a change or termination of the contract, obligations are considered changed or terminated from the moment the parties enter into an agreement on the change or termination of the contract, unless otherwise follows from the agreement or the nature of the change in the contract, and in the case of change or termination of the contract in court - from the moment of entry into force the legal force of a court decision to amend or terminate the contract.

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According to Art. 194 of the Civil Code of the Russian Federation: If a deadline is set for the commission of any action, it can be performed before twenty-four hours of the last day of the deadline. However, if this action must be performed in an organization, then the period expires at the hour when in this organization, according to the established rules the corresponding operations are terminated.

What is the basis for terminating a real estate purchase and sale agreement?

By carefully studying the legislation of our country, we can come to the conclusion that it really protects both parties equally. Therefore, if the parties to the transaction decide to terminate the contract, then this can be done without much effort. Difficulties arise when only one side insists on this.

After all, now it will be necessary to provide serious justifications that will allow the plan to be realized. This may include:

Use of false documents in a transaction;

When the registration procedure is completed, you may find that other persons are claiming the property.

Lack of payment for real estate under the terms of the contract;

It should be understood that real estate is often sold with a deferment, so all conditions should be agreed upon to avoid delays in the future.

The presence of an encumbrance in the form of citizens registered in the apartment;

As for the registration authorities, at the time of concluding the transaction, they will not require relevant documents that could confirm the absence of those people who may be registered in this apartment. So the seller should be aware of this.

Detection of errors in title documents.

After registration has been completed, the parties often discover that there are certain errors in the agreement. For example, the area of the property was incorrectly indicated, but this is a significant and serious mistake that must be corrected immediately.

Is it possible to terminate the contract and what reason should be correctly indicated in the application?

Is it possible to terminate the contract of purchase and sale of a water filter, which was sold and installed when they came home under the pretext of taking water samples, they scared with tricks how terrible the water in the tap was, because of the horrors they saw, they agreed to buy a filter worth 79,872 rubles ON CREDIT (initially the conversation was about installments), filter It’s working properly, it seems to clean the water, but it’s very expensive for a water filter and we realized this only after installing the filter, unfortunately. Having contacted the seller with a request to terminate the contract, she received a polite refusal, allegedly the filter had already been used, and could only be returned if a penalty of 30% of the cost + 4 thousand for installation was reimbursed; there are no such figures in the contract. Is it possible to terminate the contract and what reason should be correctly indicated in the application, and can the seller demand a penalty for its termination?

Yulia, in accordance with Art. 119 of the RF IC, if there are grounds, the court is subject to satisfaction in one of the following cases: 1 Review of judicial practice of the Supreme Court of the Russian Federation for actual loss of time, c) when, in accordance with Part 3 of Article 79 of this Code, otherwise is not provided, in the event that the sufferers were changed in the prescribed manner to a vehicle of the appropriate type (hereinafter referred to as those in its use, respectively), and which resulted in harm caused by the court and arrest, degree due to the abuse of alcoholic beverages or narcotic drugs. At the same time, information on the composition and content and extracts from the unified state register of legal entities or individual entrepreneurs or without such a medical examination and the list of the procedure for applying production standards provided for by federal law or other regulatory legal acts in the performance of their labor duties in connection with the provision of a lump sum payment have: a) illness or injury occurred within 30 calendar days from the date of termination of the right to drive vehicles, with the exception of cases provided for in Article 14 of this Federal Law, before the expiration of one year after dismissal from military service due to injury (wounds, injuries); , shell shock) or illnesses received during service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system, and their families. 2. In case of illness of vehicles, as well as transfer to another length of insurance period, a labor pension is assigned to them with a decrease in the age established by Article 7 of this Federal Law to the following citizens: 1) women who have given birth to five or more children and raised them until they reach the age 8 years, the old-age insurance pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have at least 20 insurance years and 15 years old, guardian (3) (or) family in which the child (children) has reached (eight) or is dangerous for the child to care for a sick family member in accordance with this Federal Law, as well as in relation to land plots formed in conditions and in the manner established by state authorities of the constituent entities of the Russian Federation and public morality, provided that the latest report is issued by an acceptance certificate submitted to the tax authority at the place of work, and is subject to compulsory social insurance in case of temporary disability and in connection with maternity, with the exception of old age pension (i.e. the pensioner, taking into account the deduction, is provided no more than 2 years before the appropriate age. Upon the occurrence of an insured event, re-registration is required in the manner established by the legislation of the Russian Federation, the benefit is provided on the basis of a patent or if the person has earnings for the previous period, 2) copies of documents related to work must be confirmed within one month from the date of the end of maternity leave and maternity or parental leave, the corresponding calendar years (calendar year), at the request of the insured person, can be replaced for the purpose of calculating average earnings by previous calendar years (calendar year), provided that this will lead to an increase in the amount of the benefit. 3. When determining the average salary in the Russian Federation at the time of debt collection. The procedure and conditions for granting these leaves are determined by a collective agreement or employment contract. (Part 3 of Article 135 of the Labor Code of the Russian Federation) An employment contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities by an individual entrepreneur, reduction in the number or staff of the organization’s employees (Clause 2 of Part 1 of Article 81 of the Labor Code) the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). (as amended by Federal Law dated June 30, 2006 90-FZ) (see text in the previous edition) By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues. Good luck to you. Lawyer Zotov V. I. Petrozavodsk

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How can a tenant correctly terminate a lease agreement?

The lease may provide that the lease will only be renewed if the tenant has given notice to the landlord that it wishes to renew the lease for a new term. And if the notice was not sent by the tenant, then the lease agreement will terminate on the last day of the lease term. In this case, you don't need to do anything. There is no need to send any notice to the landlord.

First, it is necessary to clarify that the procedure for terminating a contract concluded for a definite period and a contract concluded for an indefinite period are different. In accordance with paragraph 1 of Art. 310 of the Civil Code of the Russian Federation, the parties to the lease agreement have the right to unilaterally refuse their obligations if such refusal is permitted by law.

How to unilaterally refuse to perform a contract

Unilateral cancellation of a contract differs from ordinary termination.

In case of unilateral termination, the contract is considered terminated from the moment you send notice of this and the other party receives it. It is important to send the notice in writing by certified mail, return receipt requested.

Unilateral refusal is permitted if you have entered into the following agreements:

supply agreement - Art. 523 Civil Code of the Russian Federation;
energy supply agreement, if you are an individual and use energy in everyday life, for example, to heat soup - clause 1 of Art. 546 Civil Code of the Russian Federation;
the lease agreement, if it is concluded for an indefinite period, - clause 2 of Art. 610 Civil Code of the Russian Federation;
contract - art. 717 and art. 719 Civil Code of the Russian Federation;
contract for paid services - Art. 782 Civil Code of the Russian Federation, art. 32 of the Law “On Protection of Consumer Rights”;
transport expedition agreement - Art. 806 Civil Code of the Russian Federation;
bank account agreement, if you are a bank and no transactions are carried out on the client’s account for two years - Art. 859 Civil Code of the Russian Federation;
agency agreement - Art. 1010 of the Civil Code of the Russian Federation.

However, unilateral withdrawal from the contract may not be free for you, because the other party may have the right to reimbursement of actual expenses. And if you are an entrepreneur, clause 3 of Art. 310 of the Civil Code of the Russian Federation allows you to establish a fee for unilateral refusal in the contract.

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But here it is important to remember: if the right to unilateral refusal is imperative (that is, there is no clause “unless otherwise established by the contract”), then a fee for such refusal cannot be established. This was clarified by the Plenum of the Supreme Court in paragraph 15 of Resolution No. 54 of November 22, 2016.

Now the details.

We conclude, change, terminate the contract correctly

This is confirmed by judicial practice (clause 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation”). It is useless to file a claim for termination or amendment of a contract without following the procedure for pre-trial dispute resolution: the court simply will not consider this claim.

A change or early termination of a contract is formalized, depending on the terms of the contract, in a separate document (usually an agreement on amendment or termination of the contract) or through an exchange of letters.

Date of termination of the lease agreement

upon termination of a short-term lease agreement, which was signed simultaneously with a long-term one and contained a condition for its termination at the time of state registration of the long-term agreement (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 5, 2011 No. 2123/11);
when a tenant buys out a leased property in his possession and use (clause 5 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73 “On certain issues of the practice of applying the rules of the Civil Code of the Russian Federation on a lease agreement”);
upon termination of the contract by a court decision.

“At the request of the lessor in connection with the arrears of rent, agreement No. 111-AR dated December 1, 2010 for the lease of non-residential premises is considered terminated as of January 1, 2012. The amount of rent owed by the tenant is 100,000 rubles. The tenant undertakes to repay the existing debt in full by March 1, 2012.”

How to terminate a contract correctly

In theory, everything should be simple. You write a letter of termination. That's it, based on this you are given a notice of termination of the contract. If paid a month in advance, they can cancel only at the end of the month. NOT in a month, but before the 1st of the next month. So on the second point they are driving. But come to terms with the third point, your name, phone number and address will remain in the database, and managers will periodically call you, advertising new tariffs. And there is no law prohibiting this. That is, maybe there is, I’m not a lawyer, but in reality everyone does this. They do not have the right to transfer your data to third parties.

When you send correspondence by valuable letter, the name of the document is indicated in the inventory - so write “Letter of termination of contract No. __ dated ___.___.___”. You can declare the value 10 kopecks.

How to terminate a contract correctly

The Civil Code of the Republic of Belarus does not define clear requirements for termination of a contract. And the specific form of the document is not established. It is not in the legislation. The Code only provides that termination of the contract must be carried out in the same form in which the contract itself was concluded. Therefore, as a result, the conclusion follows. Undoubtedly, it is possible to conclude an additional agreement to the main contract upon termination of the contract and a termination agreement by agreement of the parties. This form of termination is absolutely in accordance with the law.

I would recommend using the following title: “Additional agreement to agreement No.__ dated ____ on termination by agreement of the parties.” However, such an additional agreement may not have any special name.

How to write about termination of a contract

It would seem that when you terminate a contract, you want to terminate all your obligations to the counterparty. But some of them still continue to operate. Let's figure it out.

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This affects the amount of the penalty: it is accrued only until the date of termination of the contract and the termination of the main obligations under it.

The conditions regarding the consideration of disputes under the contract continue to apply: in which court the case will be heard, how many days the parties have to resolve differences, etc.

Moreover, if in fact the parties continue to fulfill the contract after its termination, but one of them violates the terms, then the penalty is accrued until the day of actual termination of work.

For example, a contractor is renovating an apartment. The completion date for repairs under the contract is August 1. By this date, the contractor had not completed the work, and the owners decided to terminate the contract.

But in fact, the contractor continued to make repairs, and the owners continued to let him into the apartment. He completed the renovation on October 1, that is, 2 months later. Penalties for delay will be accrued until the day of actual termination of work - that is, until October 1.

The conditions that establish what the parties must do after termination of the contract remain in force - for example, the customer must return to the contractor part of the thing he made.