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Family in Buryatia was left without housing due to someone else's business
In Buryatia, the family was left without housing due to an unfinished transaction. The owners sold their house to the entrepreneur, but did not receive a new corner - the deal to buy new housing did not end.
The family of Alexander and Natalya Khudyshkin bought a house in the village of Tataurovo in 2013 using maternity capital. The land on which the house stands, to expand their business, wanted to buy a local entrepreneur. In return, she invited them to purchase equivalent housing on the same street. According to the newspaper "Number One", in July of this year, the Khudyshkins agreed and vacated their house, moved into other housing, for which the businesswoman made a deposit.
However, soon the woman was refused the expansion of the business - she no longer needs a plot, she refuses to give the remaining payment for the new Khudyshkins' house. The family had to move out of this housing, but they cannot return to their home - the entrepreneur hurried up and demolished it after the deal.
As an expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova, if we are talking about a barter agreement for owners, not tenants, then, as a rule, purchase and sale agreements are concluded for both the first and second residential premises. In the case of the Khudyshkins, most likely this is exactly what happened.
“If a businesswoman bought an apartment for the Khudyshkins, and in her own name, but did not pay all its cost, then the seller, on the basis of paragraph 3 of article 486 of the Civil Code of the Russian Federation, has the right to demand payment under the contract and payment of interest. It is also possible to terminate the contract on the grounds provided for in Article 450 of the Civil Code of the Russian Federation. Similarly, in relation to the already demolished one, you can demand recognition of the transaction as invalid, ”explains Lolla Kirillova.
According to the expert, the court may invalidate the transaction if it turns out that it was made under the influence of error and if it was so significant that the injured party, judiciously and objectively assessing the situation, would not make the transaction if she knew about the actual state of affairs.
“In accordance with paragraph 3 of Article 179 of the Civil Code of the Russian Federation, a transaction on extremely unfavorable conditions that a person was forced to make due to a combination of difficult circumstances than the other side took advantage of (enslaving transaction) can be declared invalid by the court in the suit of the victim. The affairs of a family that has lost their home are not as bad as they might seem. A lawyer could have allowed her in court, however, it will take a lot of time, ”said Lolla Kirillova.
Experts have a common recipe for making any real estate transactions - to make payment or receive it at the time of the transaction - no later and no earlier.