REQUEST FOR REFUND OF THE PRICE PAID TO THE DEFENDANT BY CANCELLATION OF THE REAL ESTATE SALES PROMISE CONTRACT DUE TO THE FACT THAT IT BECOMES IMPOSSIBLE TO FULFILL

TO THE … CIVIL COURT,

 

 

prosecutor :

 

TC IDENTIFICATION NUMBER :

 

address :

 

attorney :

(Legal representatives of the parties, if any)

 

address :

(Legal representatives of the parties, if any)

 

DEFENDANT :

 

ADDRESS :

 

SUBJECT: This is our petition, which includes a request for the cancellation of the real estate sales promise contract due to the fact that it has become impossible to fulfill and a refund of the price paid to the defendant.

.

 

CASE VALUE :

(In cases related to his assets)

 

 

INSTRUCTIONS :

 

1-) Between our client and the defendant, …/ …/ … on Dec. … at the Notary’s Office ….. with the real estate sales promise agreement (ANNEX-1), which was issued in the form of a formal regulation numbered yevmiye, the defendant has committed to sell the apartment under rough construction to our client. According to this, our client has paid the defendant … TL. (APPENDIX-2)

 

 

2-) The contract concluded between our client and dec defendant …/…/…. despite the fact that it was decided to issue a warrant in the title deed on its date, this operation was not carried out. (APPENDIX-3)

 

3-)all the above mentioned issues related to real property sales contract as a result of the evaluation ash as the fulfilment of which it becomes impossible due to the defendant paid to cancellation pursuant to the principle of compensatory justice, as the trial date should be collected from the defendant with the detection by adapting to today’s conditions. For this reason, the work has been required to be applied to your Court.

 

LEGAL REASONS : 6098 P. K. m. 146, 4721 Pp. K. m. 706, 1008, 1009

 

LEGAL EVIDENCE :

1-) … / … / … Real Estate Sales Promise Agreement Dated

 

2-) …/…/…. Receipt Of Payment

 

3-) Land registry records

 

 

CONCLUSION AND REQUEST: For the reasons explained above, we request that the Notary Public … / … / … cancel the real estate sales promise agreement dated and determine the price paid to the defendant in accordance with the equalizing justice principle in accordance with the current conditions as of the date of the case, and charge the defendant with the collection, trial fees, expenses and attorney’s fee on behalf of our client on behalf of the defendant. …/ …/ …

 

Plaintiff’s Attorney
Attorney

 

ADDITION:

1-) … / … / … Real Estate Sales Promise Agreement Dated

 

2-) …/…/…. Receipt Of Payment

 

3-) Land registry records

 

4-) An example of a certified power of attorney