Buying and selling real estate are quite risky transactions. The risks of the seller and the buyer coincide — to remain without real estate and without money. To minimize the likelihood of disputes, you need to check the property before the transaction and responsibly approach the drafting of the contract. This requires the help of an experienced lawyer.
Characteristics of disputes that arise from contracts for the purchase and sale of real estate in Belarus
Disputes related to the purchase and sale of real estate are not uncommon in Belarus. They may arise due to various reasons, such as unfair execution of the contract, inconsistency with the declared characteristics of the real estate object, delay in transactions, incorrect documentation, and others.
One of the most common disputes related to the purchase and sale of real estate is the unfair presentation of information about the property. For example, if the seller does not disclose all the significant shortcomings of the property or provides false information about it, this may lead to disputes during the transaction.
Disputes can also arise due to problems with registration, paperwork, and even financial issues such as incorrect price calculations and payment delays.
The judicial system is often used in Belarus to resolve such disputes. The parties may apply to economic courts or courts that consider civil cases. They can also involve lawyers to defend their interests in court.
In general, disputes related to the purchase and sale of real estate in Belarus can be complex and require a qualified approach to their settlement.
What to look for when buying and selling real estate
When you have selected a suitable property, do not be lazy to study the information about the seller or buyer.
What to check when buying a property
A company that buys real estate should be interested in:
- Whether the seller company is officially registered.
- Whether a certain real estate object is listed for the seller.
- Whether the seller’s company is in liquidation, bankruptcy or in preparation for it. If the seller is not officially registered, is in liquidation or bankruptcy (preparing for it), then the transaction may be declared invalid.
- The buyer needs to find out whether enforcement proceedings have been initiated against the seller
- Whether the real estate under arrest, secured by the bank. In case of positive responses, there is a risk of being left without real estate.
- Whether there are tenants of the property and how the relationship is formed with them. When buying a property that has tenants, it may be necessary to renegotiate or terminate such lease agreements.
- The seller and the buyer need to pay attention to compliance with the procedure for making a decision on a major transaction when the transaction amount is 20 percent or more of the book value of the assets of this company. If there is no decision of the general meeting on such a transaction, the court may invalidate the transaction.
How disputes from real estate purchase and sale agreements are resolved
In Belarus, disputes from real estate purchase and sale agreements are most often resolved through the judicial system. The parties may apply to the court to protect their rights and interests if there are disagreements in the process of real estate transaction.
Various courts, including ordinary civil courts and economic courts, can be involved in resolving disputes from real estate purchase and sale agreements in Belarus, depending on the nature and scope of the dispute. Economic courts usually consider economic disputes between commercial entities, while civil courts consider disputes between individuals and legal entities. In disputes between companies and individual entrepreneurs, it is mandatory to use a pre-trial dispute settlement procedure. In addition, the parties may also try to resolve disputes before the court through negotiations or mediation.
Consultations with lawyers specializing in real estate, as well as experts in alternative dispute resolution, can also help in finding a peaceful and mutually beneficial solution for all parties.
In general, resolving disputes from real estate purchase and sale agreements in Belarus can be a long and complicated process, and it is important to seek the help of qualified specialists to protect your rights and interests.
Disputes when the buyer of the property does not want to register it for himself
It happens that the buyer does not come to register the contract and transfer ownership to the territorial organization for the state registration of real estate. This may be for various reasons. But in this case, the tax obligations related to the real estate object remain with the seller, the Court will not terminate the contract of sale of real estate if the buyer has paid more than 50% of the real estate price.
Disputes on the recognition of a real estate purchase and sale transaction as invalid
Disputes on invalidation of real estate purchase and sale transactions are considered by the court. Such disputes arise when buying real estate from bankrupt companies, companies that are in the process of liquidation, companies that are not registered in the state registers of Belarus or in another state. Disputes may arise when the seller of real estate has not registered it with the organization for the state registration of real estate. In this case, the actual owner is another person with whom the buyer has no contractual relationship. The court may declare the transaction invalid when the seller and the buyer did not comply with the procedure for conducting such a transaction, as stipulated by the charter or legislation.
The court may invalidate the transaction when there is no consent of the owner to sell the real estate of the unitary enterprise.
The court’s recognition of the transaction as invalid does not guarantee a refund to the buyer of the property. Therefore, at the stage of agreeing on the terms of the transaction, it is better to use the services of an experienced lawyer and save your finances.
How we can be useful in resolving disputes arising from real estate purchase and sale agreements
Our lawyers and attorneys are experienced specialists in the field of real estate transactions and speak English. We can:
- Advise you on the issues of checking the “cleanliness” of the property;
- Advise you on the issues of checking the company — seller or buyer of real estate;
- Advise you on the terms of the contract for the purchase or sale of real estate;
- Prepare documents for the pre-trial settlement of the dispute from the contract of sale of real estate;
- Prepare a statement of claim to the court;
- Represent your interests in disputes arising from real estate purchase and sale agreements.
Contact us
If you have any questions in the field of disputes arising from real estate purchase and sale agreements – we will be happy to help you! Our long-term experience in the field of dispute resolution in the field of purchase and sale of real estate will help you in resolving any disputes.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
