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A "sale" is (colloquially) a completed transaction where the only remaining duties of the buyer may be timely rejection after inspection, and the only remaining duty of seller is to honor any express or implied warranty. This assumes the full price was paid during the sale and the goods were delivered, otherwise, the sale is not technically complete.

An "agreement to sell" is a contract that envisions (or defines) a future sale, thus all conditions precedent and other terms (delivery, payment, etc), continue to be "executory", that is, are yet to be fully carried out. A breach of this contract could result in a court order of specific performance, or for damages caused by the loss of the opportunity to buy or sell.

  1. DIFFERENCE BETWEEN SALE AND AGREEMENT TO SELL
  2. Transfer of property (ownership): - In a 'sale' the property in goods passes to the buyer immediately at the time of making the contract In 'an agreement to sell' there is no transfer of property to the buyer at the time of the contract.
  3. Risk of loss. The general rule is that unless otherwise agreed, the risk of loss primarily passes with property (Sec. 26). Thus in case of sale, if the goods are destroyed the loss falls on the buyer even though the goods may never have come into his possession because the property in the goods has already passed to the buyer. On the other hand, in case of an agreement to sell where the ownership in the goods is yet to pass from the seller to the buyer, such loss has to be borne by the seller even though the goods are in the possession of the buyer.
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13y ago
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9y ago

An agreement to sell is just that. A promise if you will, that you will sell something to someone.

A sales contract is far more important and far more legal. If for example you want to purchase a new car, this contract that you and the dealer fill out is called a Sales Contract, and both parties are bound by what this contract says.

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in a contract of sale:

  • the title of the thing passes to the buyer upon the delivery of the thing sold
  • nonpayment in a contract of sale is a negative resolutory condition
  • in a contract of sal, the seller has lost and cannot recover ownership of the thing until and unleess the contract is resolved or rescinded

in a contract to sell:

  • by agreement, the ownership of the thing is resrved in the seller and is not to pass to the buyer until the full payment of the price
  • fullpayment is a contract to sell is a positive suspensive condition
  • the title of the thing remains in the seller, and when he seeks to eject the buyr because of noncompliance by such buyer with the suspensive condition stipulated, he is only enforcing the contract and not resolving the same
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11y ago

Agreement for sale is a agreement between parties that on such and such terms the sale to take place. Terms and conditions could be agreed and sale to be completed on agreed future date with payment.

Sale Deed is a document executed at the time of finalising the sale deal. when entier amount is paid and property is conveyed sale deed is executed.

Deed of assignemnt is a deed by which interest in the proprty is transfered and assigned to another. Like tenancy rights and other rights of protperty can be assigned as it cant be sold.

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13y ago

There may be no difference. The "big" difference is between a sale and a closing. A sale may simply mean that the property is under contract, meaning the owner and a prospective buyer are parties to a binding contract for sale and purchase of the property. The closing is the event at which the deed normally is delivered with other documents related to the transfer of ownership and the buyer pays for the property. But the contract of sale may contain various conditions and contingencies that could prevent closing or allow one or the other party to back out of the contract, the sale may not be a "done deal."

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16y ago

You agree to sell something to someone, after the money has changed hands, that is the sale.

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Q: What is the difference between sale agreement and agreement to sell?
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Difference between sale agreement and agreement to sell?

They are the same thing.


What is difference between sale and sell?

Sale is a noun; and sell is a verb. Examples: "I made a sale." "Did you sell your car yet?"


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"Contract of sell" is just "contract of sale" misspelled.


What do you mean by contract to sell?

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What is an agreement to sell become a sale when the time elapses or the condition is fulfilled subject to which the properties in the goods is to be transferred?

A agreement to sell becomes a sale when the prescribed time elapses or the conditions, subject to which the property in the goods is to be transferred, are fulfilled.


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