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The main difference between purchase agreements and sales contracts is the order and timing of the offer and acceptance process. In a purchase agreement, the buyer makes the first offer and the seller responds, while in a sales contract, the seller makes the first offer and the buyer responds.
Both sale and agreement to sell are contracts. Legally, these two terms are not the same. Sale is the transfer of ownership from a seller to the buyer for a determined price. Agreement to sell is also a transfer of ownership, but at a future date or when specified conditions are met.
The purpose of a sales agreement is to act as a legally binding contract between two parties involved in an exchange of money for goods, services, and/or property. One party is a buyer, while the other is a seller.
A purchase agreement, also referred to as a purchase contract, real estate sales contract, or real estate purchase contract, is an agreement between a buyer and seller that spells out the terms of a real estate transaction.
Under a Hawaii Agreement of Sale, the Seller retains the legal title to the property, while permitting the Buyer to take possession of it for most purposes (along with its risks and liabilities) other than legal ownership.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.
We have been surprised to see that some Hawaii realtors use the standard Hawaii Purchase Contract form when representing buyers or sellers of Hawaii commercial property as the Hawaii Purchase Contract is clearly written for residential transactions.