The nature of the sale agreement is conditional. 3. When the goods are transferred from the seller to the buyer as part of a sales contract, the contract is called a sale, but if the transfer of the goods is to take place at a later date or on the condition of being transferred at a later date, the contract is referred to as a sales contract. In the future, a sale agreement is to be promised that the property will be transferred to the rightful owner, while the value of the sale is the actual transfer of the buyer`s property. While in accordance with the sale of the loss is suffered by the seller, since the goods have not yet been sold; even if they are in the buyer`s possession at the time of the loss. The risk transfer will only take place if the goods are not transferred. 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. At the time of sale, the titles are put back on site. While in Consent to sale the title deeds will be handed over in the future. "Locked-in property can only be transferred by a transport permit (deed of sale), duly stamped and registered legally.
We therefore assert that goods can only be transferred/transported legally and legally through a registered transport obligation. The buyer can sue for a defined benefit if the seller refuses to pay his share of the sale. In accordance with the sale, if the seller violates the sales contract, the buyer can only claim damages. In the sale and agreement to sell the condition and guarantee, as defined in section 12 of the law, which also plays an important role. In paragraph 12, paragraph 2, the condition is defined as an essential provision to the main purpose of the treaty. Whereas in section 12, paragraph 3, the guarantee is defined as a guarantee for the main purpose of the contract and a breach of contract may entitle you to damages, but not to the right to refuse the goods and to the final contract. (1) A sales contract is a contract by which the seller transfers or commits ownership of the goods to the buyer against a consideration of money, the so-called price. In the sale, the seller cannot resell the goods; If he does, he can be sued for damages. Whereas in Consent to Sell if the seller resells, he can only be sued for breach of contract.
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. If the seller does not sell or return the property to the buyer, the buyer is entitled to a special benefit in accordance with the provisions of the Specific Relief Act of 1963. A similar right is available to the seller as part of the agreement to require a certain benefit from the buyer. The sale and the sales contract are types of contracts, the first being an executed contract, while the second is a contract of execution.