The court recognized the transaction for the sale of an apartment made under the influence of fraudsters as valid.
The seller asked the court to invalidate the purchase and sale agreement for the apartment and terminate the buyer’s ownership rights. Among the arguments were the following: the seller entered into a deal under the influence of scammers who received all the money. He wanted to protect the property and expected that his ownership would be restored in the future.
Three authorities declared the deal invalid. They felt that the seller was greatly mistaken about its nature. At the same time, the courts did not apply two-way restitution: since the scammers received the money for the apartment, the buyer can recover damages from them.
The Supreme Court of the Russian Federation indicated that misconceptions about the motives and consequences of a transaction are not grounds to invalidate it. The conclusion about the misconception regarding the nature of the transaction does not take into account that the essence and consequences of the purchase and sale of real estate are generally known.
Vessels are not allowed:
- refuse to assess the behavior of a citizen’s counterparty, even if the latter had a significant mistake. In case of conscientious conduct, a transaction cannot be declared invalid on the basis of a mistake. There is no evidence of bad faith in this case;
- not to apply, even under such a misconception, bilateral restitution.
Other aspects are also indicated.
Regarding the seller’s claims, the RF Supreme Court adopted a new decision to reject the claim.
Document: Determination of the Armed Forces of the Russian Federation dated December 16, 2025 N 5-KG25-174-K2
source: «ConsultantPlus»
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