Georgia Real Estate Purchase Sales Agreements FAQs
Q. What is an assignment, exactly?
A. An assignment transfers all of a contracting party’s rights and duties to a third party. The party that assigns the contract relinquishes its contractual rights to the third party, who then becomes a contractual party.
Q. What is a Carrier, exactly?
A. A Carrier is a person or company to which the Seller transfers ownership of the item being sold, and who subsequently delivers the item to the Purchaser.
Q. What is the difference between a certified check and a cashier’s check?
A. It’s a cheque for which the bank guarantees payment. A certified check verifies that there are enough money in the account to cover the amount of the check. A certified check is less safe than a bank draft, but safer than an uncertified check.
Q. What does it mean to have “counterparts”?
A. Executed in counterparts implies that each party may sign a separate copy of the contract, but the copies all come together to make a single contract.
Q. Where can I get a promissory note?
A. This agreement does not include the promissory note, which is a different instrument. A promissory note must be obtained separately if one is necessary.
Q. What is the definition of a deposit?
A. The deposit is money that the Purchaser must pay to the Seller up advance to show that they are serious about buying the property. The deposit precludes the Seller from reselling the property to a third party. If the Purchaser fails to complete the purchase, the ‘earnest money’ is usually forfeited.
Q. What does it imply when you say “goods in exchange”?
A. “Products in Exchange” signifies that instead of purchasing with money, the Purchaser will pay for the Seller’s items by giving the Seller goods. In addition to the items being exchanged, the Purchaser may be asked to offer the Seller a cash deposit.
Q. What is the property’s location?
A. The property’s location refers to the jurisdiction in which the property is located at the time of sale.
Q. What does it mean to infringe on a patent or a trademark?
A. When a person without authorization creates, uses, or sells any part of a registered patent (product, idea, or concept) or trademark, this is known as patent or trademark infringement (word, phrase or name).
Q. What is a Promissory Note, exactly?
A. It is a legal document that certifies that the borrower will return a loan to the lender according to the contract’s conditions. An “I.O.U.” or a Loan Note are other terms for a Promissory Note.
Q. What is a security interest, exactly?
A security interest is an interest in real or personal property offered to the Seller to protect the Purchaser’s payment of a debt owing to the Seller. In the case of a default, the holder of the security interest may acquire the secured property.
Q. What does it mean to have “Services in Exchange”?
A. This statement suggests that instead of paying with money, the Purchaser will pay for the Seller’s products by providing services for the Seller. In addition to the services provided, the Purchaser may be asked to pay a cash deposit to the Seller.
Q. What is the difference between a warranty and a guarantee?
A. This is a promise made by the Seller to the Buyer that the property will have particular traits or attributes.
Details of the Sales Contract
Q. I’m offering the Purchaser some services. Is it better to utilize a Sales Agreement or a Service Agreement?
A. If the Seller is just selling services to the Purchaser, the Service Agreement would be employed. If the Seller is selling items or goods and services to the Purchaser, the Sales Agreement will be employed.
Q. I’m selling something to the Buyer. Is it better to utilize a Sales Agreement or a Bill of Sale?
A. You may sell things to a Purchaser using one of these contracts. The Sales Agreement, on the other hand, is more complex than the Bill of Sale and should be used when a more formal sale contract is desired or when payment is not paid at the same time as the property is transferred. When a basic contract proving a transaction is sufficient, the Bill of Sale may be employed.
Q. Can I transfer real estate using the Sales Agreement?
A. No, there are a number of concerns that must be addressed in a real estate transfer that are not covered in the Sales Agreement. Instead, utilize our Real Estate Purchasing Agreement to transfer real estate.
Q. Can I sell stocks using the Sales Agreement?
A. No, the Stock Purchase Agreement should be utilized instead of the Sales Agreement since the Sales Agreement does not cover all of the important stock problems.
Q. What are my responsibilities to the Purchaser if I sell the items “as-is” with no warranties?
A. The phrase “as-is with no warranties” indicates that the Seller does not guarantee the product’s quality to the Purchaser. The Seller is not responsible for any faults or problems in the items.
Q: Who should be responsible for the risk of loss?
A. The Seller bears the risk of loss at first, but it is finally shifted to the Purchaser. The risk of loss is often passed to the Purchaser when the Seller delivers the goods or a bill of sale to the Purchaser, but it may also be transferred to the Purchaser when the Seller transfers the goods to a carrier who will deliver the goods to the Purchaser.
Q. How long does the Purchaser have to file a claim against the Seller following delivery?
A. If the items delivered are defective, the Purchaser must normally inform the Seller within 10 days after delivery of the fault. The Seller has no duty to the Purchaser for the products once the ten days have passed without notification from the Purchaser.
Details on signing
Q. I’m not sure when the Sales Agreement will go into effect. Is it possible to add the date later?
A. Yes, choosing ‘Unsure’ as the date of execution will put a blank line into the contract, allowing you to enter the right date after printing.
Q. Is the execution state the same as the property’s location?
A. They may, but do not have to, be under the same jurisdiction. The state in which the Purchaser and Seller will sign the Sales Agreement is referred to as the state of execution.
Q. Do I need a third party to witness the Sales Agreement?
A. While witness signatures are not required in all countries, having one or two witnesses present when the Sales Agreement is signed provides greater proof that the parties entered into this agreement if the issue goes to court.