20.02.2018
The lawyers of ARTESLEX have successfully represented the company engaged in construction and real estate business – within the dispute with counteragent the developer attempting to complete illegal takeover of the client’s land plot.
The situation arose from concluding by our client, as the land plot owner, of the agreement with the developer. Pursuant to the agreement, the client delivered possession of its own land plot to the developer for the purpose of construction of multiple dwelling. At the same time, the agreement was prepared improperly, since it contained terms and conditions crudely violating provisions of legislation in force and disserving the interests of client meant to obvious disadvantage. In particular, a clause was set out in the agreement obliging the client to transfer its land plot into ownership to unfair developer. Thus, the developer made advantage of improper clause with the view of illegal takeover of the client’s land plot. During studying of the situation it appeared that a client and the developer had reciprocal claims.
Our specialists were urged to proceed with performing of protection of violated rights and elaborated an effective strategy of the conflict settlement. In particular, legal actions by means of filing a range of claims to The Commercial Courts and The Administrative Courts were initiated purposed to recognize the specific clauses of the agreement illegal, to recover the land plot user fees from the affiliated persons and companies of the developer, as well as to cancel construction permits issued for the developer to build on the disputed land plot. Also a range of criminal proceedings in respect of the officials of the developer upon fraud, arbitrariness and falsification of documents were initiated. Besides, the story was broken aimed for precaution of potential developer’s customers from the shady deals, the mass-media, the local authorities and certain social organizations were involved as well. Moreover, hundreds of petitions, open letters, claims, applications and crime incident reports were submitted to the state authorities and the regulatory agencies of all levels, as well as to the local authorities.
As a result of such actions the main activity of the developer was blocked to a greater extent, sales of immovables developed on the disputed land plot were suspended, as well as moneylending in respect of shady deals connected with such immovables was ceased.
Eventually, as a result of the entire job performed, we managed to force the developer to sit down at the negotiating table with the owner of the land plot. During respective negotiations, with the participation of our attorneys, the parties managed to reach reconciliation, to settle all challenging issues connected with the land plot value, as well as to agree on the conditions of the formalized purchase by the developer of the disputed land plot.
Subsequently, our specialists have performed drafting of approval documentation between all parties concerned as to the conditions of reconciliation and further cooperation, provided legal support during preparation of documents aimed for formalization of the arrangements reached, as well as provided actual support during execution of the documents fulfilment of the obligations undertaken by the parties.
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