However, section 8 of the aforementioned law deals with the goods that flow before the sale, but under the sale agreement, so that this section again highlights the goods that, through no fault of the seller or buyer, are damaged or corrupted. It is therefore also a sale agreement. Good morning. Thank you very much or your work. I am only wondering if it is possible, in a sale agreement, that the buyer can use the goods even if the conditions are not yet fully met? In other words, in a sale agreement, the buyer can use the goods/property without owning the right of ownership. Here, the seller has the right to complain about the price. A sales contract is also a sales contract in which the seller agrees to transfer the goods to the buyer at a later price or after fulfilling a condition. Thus, the term “condition” could be more associated with the immediate sale, while the term “guarantee” could be more associated with the sale agreement. Subsequently, we also note that section 13 of the aforementioned law is also inclined to the sale of the agreement, as it stipulates that if a condition can be treated as a guarantee. Risk: In the event of a sale, the buyer is responsible for the loss or destruction of the goods, even if the goods are held by the seller. In a sales agreement, the seller is responsible for the loss, even if the merchandise is in the buyer`s possession, because the seller remains the owner until the sales contract becomes a sale.
And what about the sale absoulate and the buyer`s right to compost against the seller`s violation: if there is a sale, and the seller commits a violation, the buyer not only has a personal remedy against the seller, but also the corrective measures that an owner has with regard to the goods as a conversion action, etc. In the event of a sale agreement, if the seller commits an offence, the buyer has only a personal remedy against the seller, i.e. damages. Sale Of this type, the seller who has been paid for the goods cannot resell those goods even if they are in his possession. Sale Agreement In accordance with the sale, if the seller resells, the buyer can only sue him for breach. The reason for the judgment was that the seller did not violate the implied conditions of fitness and commercial quality. The express provision of the contract was not a condition, and the seller`s breach had not been serious enough to go to the root of the contract. The buyer is therefore only entitled to the damage. As noted above, the sale is immediate, while a sale agreement will be reached in the future based on certain conditions. Thus, at the time of the sale, there is an effective transfer, whereas at the time of the agreement to sell future transfers, there is.
Risks are transferred immediately into the sale, while in the sales contract, risks are attached to the seller until the goods are transferred in the future. The sale is an executed contract, while the sales agreement is a contract of execution. All conditions stored for understanding the sale must be carried out jointly by both parties and respected throughout the deal process until the date of the sale agreement. Therefore, a sale agreement is a basic document on which the deed of sale is written. In other words, the sale agreement can be characterized as confirmation of the future event, which may take place depending on the compliance with the conditions set out in the present.