Sale & Agreement to Sell

This query is : Resolved 
 

(Querist)
16 September 2009

Sir
What is the basic difference between sale and agreement to sell. And whether agreement to sell can be equalent to sale in the eyes of law.riven


A V Vishal (Expert)
16 September 2009

The law relating to the sale of goods is codified in the Sale of Goods Act, 1930. It defines sale and agreement to sell as a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price and provides that there may be a contract of sale between part owner and another and that the contract of sale may be absolute or conditional. According to the provisions of this act, a contract of sale is made by an offer to buy or sell the goods for a price and the acceptance of such offer. The act further provides that the contract may provide for the immediate delivery of the goods or immediate payment of the price or both or for the delivery or payment by installments or that the delivery or payment or both shall be postponed. Provisions are made in this Act for existing or future goods, perishable goods, ascertainment of price, conditions and warranties, effects of the contract, delivery to career, duties of seller and buyer, buyers right of examining the goods, liability of buyer for neglecting or refusing the delivery of goods, rights of unpaid seller, suits for breach of the contract, sale, etc.

riven

adv. rajeev ( rajoo ) (Expert)
23 September 2009

Agreemenet of Sale : It is agreement between two parties to sell the property.
Eg., x agrred to sell his agrl., land to y and there is a deed of agreement of sale.
If the agreement of sale deed is unregd., and possession is handed over, if the seller denies to execute the sale deed, then you will have to pay the penalty of 10 times of total sale consideration. If not only courtfee will have to be paid.
If agreement of sale is regd., then no penalty problem.
The difference between agrement to sell and sale is that :
One is an agreement to sell and another is to deliver or sale for immediate payment.
riven

Sachin Bhatia (Expert)
04 October 2009

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.




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