What is the Contract of Sale between Individuals?
The Contract of Sale between Individuals is the agreement by which a non-professional seller transfers the ownership of a movable asset (such as an object or a vehicle) to a private buyer, upon payment of a sum of money (price of the asset).
This contract is used to regulate the sale between individuals with a written document that sets out the obligations and rights of the parties. The written contract allows the buyer and the seller to have proof of what has been established. Furthermore, the parties will be able to ascertain their reasons more easily in the event of non – fulfillment of the obligations envisaged.
When using the contract of sale between private individuals of movable property
The contract of sale between private individuals can be used for the sale of any movable property, that is to say, the goods which are not fixed to the ground. The sale can concern both registered movable property, such as cars and motorcycles (we often speak of a vehicle sales contract between individuals), and unregistered movable property, such as household appliances, smartphones, furnishings, etc. Furthermore, this document can be used both for the sale of new and used goods, with the limitation that the sale is made by a private individual.
This contract is in fact used when a non-professional seller wants to transfer ownership of the movable property to another private individual. In these cases, the sale is made outside of a commercial, professional or business activity. For example, a private individual who sells a used lamp to his neighbor or his used car to a friend or relative.
The rules provided by the Consumer Code for the sale between a professional and a consumer do not apply to the sale between private individuals. In fact, with this contract, the right of withdrawal is not provided and the guarantee for defects of the goods (generally 12 months) can be excluded or limited. When the guarantee is excluded from the contract, the seller may transfer ownership of the goods without being obliged to provide any guarantee (goods sold as ” seen and liked “).
It is also important to remember that this contract cannot be used for real estate (e.g. houses, buildings, buildings, etc.) for which there is a specific contract: the sales contract or preliminary sale of real estate.
What does the model contract of sale between individuals contain?
Our private sales contract meets all legal requirements. The main clauses included concerns:
- Good (s): the description and quantity of the goods sold
- Price and method of payment: the amount envisaged for the transfer of ownership and the methods by which it must be paid by the buyer
- Delivery: the parties can specify a shipping method or choose to collect the goods
- Warranty: to choose to exclude the warranty or enter a customized duration in months for the warranty for defects
- Trial sale: to give the buyer the possibility or not to try the goods for a predetermined period (proof or satisfaction reserve)
- Sale with redemption: to give the seller the opportunity to buy back the asset by a specific date
- Condition precedent: to condition the sale upon the occurrence of a specific event.
Furthermore, after the purchase, we will guide you step by step through all the subsequent formalities necessary for your lease to be duly constituted and registered.
Information you need
To complete the contract, the personal details of the parties are required. It is also necessary to describe the asset to be sold (during the interview, the aids will allow you to find the information you need).
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Contract for the purchase and sale of movable property
- Sales contract subject to approval
- Distance selling between individuals
- Declaration of sale between private individuals of movable property
- Contract for the sale of cars between individuals
- Contract for the sale of used goods
- Form of sale between individuals
Other useful templates and facsimiles
- Payment Reminder Letter: to formally request the extinction of a debt
- Distrust to fulfill: to distrust someone late in the performance of an obligation
- Recognition of debt and repayment plan: to declare the existence of a debt and regulate the methods of extinction
- Preliminary Real Estate Sale Agreement: to sell a property to a buyer who undertakes to purchase it within a deadline