The Fraud Act requires that contracts for the sale of goods at a price of $500 or more be entered into in writing to be enforceable. One way or another, you will want to make sure that you have a written agreement to make sure it sails smoothly until the money and goods have been exchanged, and that you and the other party will want to know what to do if there is a hiccup on the way. This agreement can be used for a number of goods sales, ranging from small purchases to large-scale contracts. Explicit guarantees: An explicit guarantee is a positive statement from the seller about the quality and characteristics of the merchandise. An example of an express warranty is an electronics distributor that tells a customer, “We guarantee defects to your newly purchased TV for three years. If you tell us there is a defect, we will replace it or fix it. However, an explicit guarantee can be created even if the seller does not intend to establish one. If the sales contract has a description of the products that the buyer relies on at the time of purchase, an explicit guarantee is made that the merchandise complies with that description. When the seller makes a sample of the merchandise available to the buyer, an explicit guarantee is made that the merchandise matches the sample. A written agreement allows both the seller and the buyer to clearly state the explicit guarantees that apply to the merchandise if necessary. Once you`ve found someone to buy the used Stephen Curry tooth protector that you found near the bank at the Golden State Warriors game, or if you`ve finally found someone selling the vintage mint green Ford Mustang you`ve dreamed of, you`ll want to make sure nothing goes wrong with the sale.
If you don`t have a purchase and sale contract, the buyer might mistakenly think that he or she will have a brand new mouth guard, or the seller would suddenly want more money for the car. A successful individual or business needs to maximize profits by anticipating the biggest sales periods and knowing how many stocks it takes to meet demand. In the absence of a sales contract, you or your company may not be able to sell or guarantee inventory at the best prices because they do not maximize profits. If you wish to sell or buy a business, please use our purchase agreement. For certain sales contracts, i.e. those entered into a location that is NOT the seller`s permanent head office, the buyer has the legal right to terminate the contract until midnight on the third business day following the sale.