The seller has the right to resell the same merchandise if the conditions are not met. In accordance with the Property Sale Act of 1930, Section 4, paragraph 3, deals with the sales contract and the sale agreement, which specifies that the sale agreement is also being sold. But there is a difference between these two terms that we discussed above. If the seller returns from the contract, the buyer can claim damages for breach. On the other hand, the unpaid seller can also sue the buyer for damages. In this case, however, it was found that there was a breach of the implied condition of the security on which the sale and the sale agreement was based. Therefore, the buyer has the right to recover the entire purchase price, even though he had been using the vehicle for four months. The reason for the judgment was that the seller`s examination had completely failed due to a violation of the condition. The loss falls on the seller, although the merchandise is the buyer`s property.
On the chance off that the products are destroyed, misfortune is carried by the buyer, although the merchandise is in the seller`s possession. In the sales contract, the exchange of goods takes place immediately. In the sale agreement, the parties agree to exchange the goods for a price that depends on compliance with certain conditions at a later date. Thus, the term “condition” could be more associated with the immediate sale, while the term “guarantee” could be more associated with the sale agreement. Subsequently, we also note that section 13 of the aforementioned law is also inclined to the sale of the agreement, as it stipulates that if a condition can be treated as a guarantee. Therefore, the price of the goods itself, and therefore the risk of being linked to the seller, suffers the loss. However, if the merchandise or part of it is delivered and acquired by the buyer, the buyer is required to pay a reasonable price to the seller. Thus, one could conclude that one is an immediate action, while the other is a future action. All conditions stored for understanding the sale must be carried out jointly by both parties and respected throughout the deal process until the date of the sale agreement. Therefore, a sale agreement is a basic document on which the deed of sale is written. In other words, the sale agreement can be characterized as confirmation of the future event, which may take place depending on the compliance with the conditions set out in the present.
In addition, Section 9 deals with product pricing. Therefore, when a sale takes place, a transfer is immediate and the price is therefore safe and fixed, whereas, under certain conditions, the price is determined according to the circumstances of a particular case, so that a sale agreement is reached, but the sale does not take place. The sale and the sales contract are types of contracts, the first being an executed contract, while the second is a contract of execution. Many law students are confused in the middle of these two terms, but they are not the same. Here, in the article below, we explained the difference between the sale and the agreement for sale, check. 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.