The sales contract between private is - the Internet Thank - increasingly common. Switch on platforms such as eBay or Gumtree every day thousands of articles the owner &# 8211; often with an unclear legal situation. Questions that keep coming up in the context of private purchase contracts, are: What are the legal requirements of? If the purchase contract between private individuals imperative? And which clauses of the contract must contain? The answers you will find in the following article.
Private purchase contract - This tells lawmakers
First things first: According legislature is in private homes no binding commitment, conclude a written sales contract. If you, for example, buying a used iPhone from a private individual, attacks the principle: Sold as seen. You explain that you want to buy the iPhone for the asking price, the seller agrees. On official German that is somewhat unwieldy: Both side matching declaration of intent. For a so-called oral purchase comes. This agreement is indeed fixed in writing, yet final and binding. According to § 433 BGB doing the following obligations arise:
- Through the purchase agreement, the seller of a thing is bound to the buyer to hand over the matter and to give ownership of the thing. The seller pays the buyer the item free of material defects and defects.
- The buyer is obliged to pay the seller the agreed purchase price and remove the purchased goods.
If you or seller will transgress after the oral agreement of purchase, to you the other side also can theoretically sue for damages for failure. Problem: Without a witness, it is difficult or almost impossible to prove that in fact a contract has been completed. That is why it is advisable for individuals to make a written contract.Especially for expensive items it is advisable to set up a purchase agreement for private individuals.Start Photogallery(9 pictures)For real?! Amazon, eBay and Co. demand money for free programs
Purchase agreement between private - So the written contract looks
Written purchase agreement between private fundamentally no different from oral: guarantees the seller that the product is working properly; the buyer testified that he buys the product at the specified price. The warranty liability for defects officially called applies to every sale &# 8211; and between private individuals &# 8211; and is 2 years. Important: The guarantee must be not specifically written into the contract, as it is required by law anyway. Since 2002, however, there is a new EU directive, which just makes for eBay buyers for some confusion. Under the Directive, private sellers can set or restrict the statutory warranty expire. Sellers have it so in their own hands, how long, and whether they give any warranty. A charter for verkloppen of junk is not: who makes false promises and broken sold articles is liable to prosecution even after new directive.
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These clauses should be in the contract schriflichen
Especially if you play costly items, such as Cars, computer hardware or expensive furniture purchases, you should in any case put a written contract, to be on the safe side. A gesetztliche default, has to look like a sales contract between private, there is not there. In practice, however, providing the following points have been proven:
|Anyone selling, who is buying?||Precise details of the seller and buyer|
|What is being sold?||Precise information on the subject, condition, price, any defects|
|computing Royal||That it is insurance to legally acquired property of the seller|
|payment terms||Statement that sale price was paid or claim is to be paid when and where|
|formal||Date, place, signatures of both sides|
If you want to save you the trouble to setup a sales contract, you can you download a template from the following link which contains all the key points. Your only need to fill in the relevant information to the article.
here goes&# 039; s for submission
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Source: Businessman or salesman handing over a contract via Shutterstock
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