The procedure of real estate disputes related to various real estate objects is a set of actions aimed at recognizing a specific completed transaction as invalid, regardless of its actual form. To date, the current legislation of the Republic of Moldova defines the signs of cases in which an agreement on real estate can be challenged. Thus, the grounds for contestation are not only the fact of fraud, but also other situations in which the procedure defined by the relevant code was not followed.
In order to dispute an agreement on the transfer of rights to real estate, it is necessary to obtain information about the nature and types of transactions that may be disputed. Thus, transactions may be void or voidable. From the point of view of legal and judicial practice, disputes about challenging agreements regarding real estate are quite common. With this in mind, every citizen is recommended to have information on this issue. In turn, for persons who are faced with the need to challenge, the ability to determine the list of grounds and necessary evidence for challenging, as well as ways to acquire this evidence, becomes especially relevant.
What is the difference between an imaginary transaction and a voidable one?
Void is a type of real estate transactions that were carried out with gross errors and violations, on the basis of which they were initially illegal. Simply put, those real estate transactions that essentially could not be concluded are void. For example: if you entered into an agreement with a person who did not have the appropriate authority to sell an apartment or house, that is, did not have ownership rights to an immovable object, and after signing the documents and receiving the calculation, simply disappeared from sight, then this operation is considered void.
Recognition of the transaction as null and void is carried out on the basis of a court decision, despite the actual nullity already at the time of the commission.
The list of frequently occurring void transactions includes the following:
- prisoners with citizens recognized as incapable or partially capable, that is, with complex neuropsychiatric diseases;
- prisoners with minors until the latter reaches the age of 14 years. You can challenge such an operation in the conditions of representation of the interests and rights of a minor citizen by a parent or guardian;
- fictitious, drawn up only formally and having no real force. As an example, we can cite cases of concluding a donation agreement with a parallel transfer of funds for the donation object;
- assuming the purchase and sale of real estate, which is collateral or under arrest;
- outright fraudulent (for example, in the commission of which fake papers were used, nominees were involved or alternative fraudulent tricks were involved). In order to initiate a procedure for challenging such transactions, a preliminary criminal case on the basis of fraud will be required.
A transaction that needs to be recognized as illegal by going to court is voidable. It is the court decision that is fundamental in this case; in turn, the judges are engaged in establishing the sufficiency and objectivity of the grounds that the applicant cited in the claim. Most often disputed are transactions with real estate related to inheritance rights. For example, if the legal rights of one of the heirs were violated during the division of real estate. Satisfaction of the requirements for contestation is possible subject to confirmation of their legality.
Some of the most common disputed real estate transactions include:
- committed in the absence of consent from a third party or the relevant state body that is authorized to issue this permit. To initiate the procedure for challenging the operation in the form of the sale of housing, it is necessary to submit a claim by a third party;
- committed under the condition that one of the persons participating in the operation was in a state of narcotic or alcoholic intoxication;
- characterized by misleading one of the participants in the operation by providing a distorted picture of the consequences of concluding an agreement or by refusing to inform about the likely consequences;
- committed under conditions of exerting influence on one of the participants in the operation by a third party.
In fact, the difference between void and voidable transactions lies only in the degree of violation of applicable law.
The former are illegal from the outset, while the latter become illegal if sufficient evidence is provided.
Procedure for challenging property transactions with real estate
If you are sure that there are circumstances to challenge real estate transactions, then you will have to perform a certain list of actions in accordance with the procedure approved by the current legislation of the Republic of Moldova. Please note: before proceeding with the contestation of transactions, the grounds for going to court must be as weighty as possible in order to achieve a positive outcome in the case.
The full procedure for recognizing the invalidity of a transaction includes the following steps:
- preparation for appeal. Immediately before going to court, it is necessary to collect a strong evidence base and a statement of claim. At this stage, the potential applicant needs to prepare a complete set of documents that will accompany the statement of claim, along with factual information confirming the legitimacy of the claims;
- initiation of litigation. This stage involves the direct filing of a statement of claim and related documents for consideration in court;
- litigation. As part of the trial to recognize the illegality of real estate transactions, it is expected to go through all instances, from a preliminary meeting to the final court decision on the case.
In some cases, the final judgment may not meet the requirements and expectations of the potential applicant. If there are reasons to believe that this decision is not fair and does not comply with the provisions of the current legislation, it is possible to appeal the court decision to a higher authority.
Participation of a lawyer in real estate disputes
Contacting a qualified lawyer specializing in real estate disputes in this case is the most rational solution and guarantees the potential applicant:
- Significant reduction in time costs. Preparing for legal proceedings related to an illegal real estate transaction is quite difficult on your own. Most often, court hearings are scheduled on weekdays during business hours. Thus, the applicant may not always be present at the meeting. The services of a lawyer involve the representation of the interests and rights of the principal without the participation of a person.
- Comprehensive assistance in the preparation of the evidence base. A lawyer will help find sufficient grounds and evidence of the legality of the applicant’s claims in connection with an illegal real estate transaction. Our specialists conduct a thorough analysis of the circumstances of the case, on the basis of which they prepare a capacious evidence base for further presentation in court.
- Collection and preparation of documents in compliance with the rules of legal literacy. Often, errors in documents related to an illegal real estate transaction are the reason for refusal to consider a claim. An experienced specialist will help to avoid such risks and achieve the highest possible positive outcome in a real estate case.
We recommend that you do not postpone contacting a lawyer, but enlist the support of a qualified lawyer even before the start of the transaction in order to prevent possible risks and the subsequent need to challenge real estate transactions.
Employees of the Association of Lawyers Bureau “Legal Service” guarantee that each individual transaction for the sale, donation or inheritance of real estate will be considered individually for the most effective resolution of the dispute. Each lawyer of the Bureau is a true professional in matters related to real estate and appealing property transactions of various kinds. When contacting the services of the Association of Lawyers Bureau “Legal Service”, you can be sure that your lawyer will do everything possible to get rid of the negative consequences of an illegal transaction.