Commonly, a private sale of goods is done without a written agreement (especially when the sale is between two individuals). This makes it more difficult for the buyer to rely on the seller’s representation about the goods and for the seller to claim outstanding payment from the buyer.
Having a proper agreement recording the sale is important, in particular to confirm the following:
- The purchase price and payment date;
- The precise description of the goods and their condition;
- The goods are free from any liabilities, charges or other legal encumbrances;
- The seller is responsible for complying with all legal requirements when transferring the goods;
- Dispatch and delivery; and
- When the buyer will take over ownership (which includes bearing the risk of the goods).
Our Private Sale of Goods Agreement is suitable for recording the particulars of the sale and will assist in avoiding disputes on the above basic issues.
If there are more complex issues to address in relation to the transaction (such as sale of a complex property, arranging payment terms or warranties) feel free to get in contact with us and we can draft a Sale of Goods Agreement to suit your needs.
The crew at LegalRocket