A purchase and sale agreement will need to touch on the following aspects:
Step 1 – Tell about the parties entering the contract
The first part of the contract is simple enough. You need to mention the names of both parties: the buyer and seller. In some cases, it might be a business entity rather than an individual. Include the date when the agreement is signed as well.
Step 2 – Introduce the product or service that’s being sold
The second part is a description of what’s being sold. It should be detailed enough so that there’s no confusion about what the buyer gets.
Step 3 – Set the purchase price
In this section, you need to state the agreed-upon purchase price. If there are any discounts or special terms, mention them here as well.
Step 4 – Get into the nitty-gritty of the sale
The fourth section is where you start getting into the details of the sale. If you’re selling a physical product, this is where you’ll need to specify the shipping terms. If you’re selling a service, this is where you’ll need to specify the terms of service.
Step 5 – Set a time frame for the purchase
The fifth section is all about setting a time frame for the purchase. This is important because it sets expectations for both parties. If there’s no time frame, then the buyer might expect the product to be delivered immediately, which might not be realistic.
Step 6 – Include a clause about payment terms
The sixth section is all about payment. You need to specify how the buyer will pay for the purchase, and when they need to pay. This is important to avoid any confusion or disagreements down the road.
Step 7 – Additional terms
If you are entering a real estate purchase agreement, you might need to add more details to it than with other types of purchase agreements.
For example, you will need to include a financing clause. It will let a buyer who does not have the ability to pay for property immediately and spread payments for as many years as needed.
Another term a real estate purchase agreement might require is the responsibility for closing costs.
A home inspection is something that a real estate purchase agreement should touch on. Specifically, requirements for the inspection have to be presented in the contract.
Step 8 – Warranties and returns
The seventh section of the real estate purchase agreement is about warranties and returns. If you’re selling a physical product, you need to specify the terms of the warranty, if there is one. If you’re selling a service, you need to specify the terms of the refund policy, if there is one.
Step 9 – Signatures
The eighth and final section is where both parties need to sign the agreement. This makes the agreement legally binding. Be sure to include the date when the agreement is signed as well.
This is a basic outline of what should be included in a purchase agreement. Be sure to consult with an attorney to ensure that your purchase agreement is complete and legally binding.
What Are the Consequences of Not Having a Purchase Agreement?
If you don’t have a purchase agreement in place, you could be setting yourself up for some serious legal consequences. Here are some of the most important things to keep in mind:
1. You could be sued.
2. You could be liable for damages.
3. You could be held responsible for breach of contract.
4. You could be ordered to pay attorney’s fees and court costs.
These are just some of the potential consequences of not having purchase agreements in place. Be sure to consult with an attorney to ensure that your purchase agreement is complete and legally binding.