The court decided: the draft contract can be corrected if there was a technical error in the participant's application

1 October 2019, Tuesday

The winner of the electronic auction for the purchase of an apartment was sent to sign a draft contract. The customer included the information provided in the application. At the signing stage, the winner found a typo: the apartment number in the application was incorrect. He sent the Protocol of disagreements in which asked the customer to correct an error and to specify correct number of the apartment. However, he was refused, citing the fact that such actions violate the Law N 44-FZ.

The draft contract was not signed on time, the participant was found to have evaded the conclusion of the contract. The FAS Commission decided to include him in the RNP.

The decision of the Supervisory authority was challenged in court. In support of good faith, the participant pointed out the following:

he previously entered into similar contracts with the customer;

the minutes of disagreement contained a request to adjust the draft contract;

the wrong apartment number was the subject of another contract previously concluded with the customer.

The court concluded that the elimination of a typo in the apartment number did not substantially change the application of the participant. The decision of the UFAS is invalid.

Document: Decision of the Arbitration court of Sverdlovsk region of 14.08.2019 in the case N A60-27427/2019