If the transaction provides for mandatory notarization, it is not this requirement makes it void. According to the law, for the annuity contract in notarial form and registration required. In this preliminary agreement should be in the same form as that of the primary.
In the spring of 2017, to me, as a lawyer specializing in housing disputes, asking them to represent their interests, appealed to the citizens of Y. S. and I. S. and said that they were misled and forced to give a single housing.
During counselling it became clear that the principals and the citizen A. entered into a preliminary agreement under which in the future were to conclude a contract of annuity. Prior agreement A. gave principals 170 thousand as a Deposit, for payment of arrears of housing and communal services.
In the future, after the privatization of the apartment, the parties undertook to conclude a contract of annuity on which A. paid to the Trustees 500 thousand rubles, minus the Deposit, and 8 thousand monthly lifetime payments.
As an experienced lawyer on housing Affairs, I noticed that, despite the fulfilment of all terms and conditions A. preliminary agreement and payment of the Deposit, the deal is framed in violation of the established forms, ie simple written form without notarization.
This has allowed me to successfully protect the interests of defendants in proceedings at the suit of A. to my principals. I was prepared counter claim about recognition of prior agreement null and void.
The judge agreed with my arguments that the failure to observe the notarial form of the contract, when it is necessary, is absolute grounds for annulment.
19 September 2017 judge of the Tushino district court of Moscow, in the framework of case No. 2-3941/17, refused to recognize the provisional agreement and declared it invalid. Additionally, plaintiff was charged costs by the principals of my services.
Me, as a lawyer on housing Affairs, accumulated a successful experience of defending the interests of their clients in housing disputes. No matter how difficult the situation, contact the specialist in this area, an experienced lawyer will find acceptable solution for you.
Sincerely, Vladislav Mikhailovich Lyzhin.