COURT OF FIRST INSTANCE
THE PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT OF LAWSUIT : It consists of the termination of the sale contract and the cancellation of the title deed.
FACTS : 1- My client ……… purchased the immovable property numbered ……, which is the ground floor of the building numbered …… located in ………. province, ……. district, …… neighborhood and located in ….. island, …… plot and …….. parcel of the title deed, from the defendant, who is a real estate agent and whose ownership belongs to him, for ……… TL with the sales contract dated ……..
2- The sale contract between my client and the defendant was made on ……. and on the same day, the title deed was given to the Land Registry Office with the date …….. and the journal number ………. of the Land Registry Office, and my client paid the full sale price to the defendant.
3- While purchasing the apartment, my client made the necessary inspections and investigations and checked the possible problems that could be in the apartment. However, after the sale contract was concluded, while my client was making the necessary preparations for the apartment, he learned that the apartment on the ground floor that my client bought was located on the sewage pit of the building, especially in the winter months, and that the odors disturbing the residents of the apartment were spreading, and upon this, he went to the relevant…….. Municipality Zoning Directorate and obtained the zoning plan of the building and from there he saw that the sewage pit of the building was located at the bottom of my client’s apartment.
4- My client immediately ……. With the notice of the Notary Public dated …….. and numbered ……, my client immediately notified the defendant that the apartment subject to the sale was defective and to take delivery of the apartment with the return of the sale price. Despite this, upon receiving no response from the defendant …….. With the determination file of the Civil Judge of First Instance ……… D. İş, it was determined that there was a cesspool under the apartment.
5- Considering the fact that the defendant did not mention this defect when selling the apartment, my client learned about the defect later and did not receive a positive response despite informing the defendant immediately, and taking into account the determination he had made, it became obligatory to file a lawsuit for the termination of the sales contract and the cancellation of the title deed.
LEGAL GROUNDS :
EVIDENCE : Land Registry Records, Discovery and expert report, the transfer transaction made in the land registry, Witnesses and all kinds of legal evidence when necessary.
CONCLUSION AND REQUEST : With the acceptance of our lawsuit for the above-mentioned reasons, my client ……… has purchased the apartment due to the defect of the defective apartment, the termination of the sale contract, the cancellation of the title deed registration, the amount of the sale price paid by my client ………. TL, which is the amount of the sale price paid by my client, to be taken from the defendant and returned to my client, and to be decided to leave the trial costs and attorney fees on the defendant. ../../..
Plaintiff Attorney
Atty………………….
(SIGNATURE)
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