Installment Contract Agreement With Seller In Massachusetts

State:
Multi-State
Control #:
US-002WG
Format:
Word; 
Rich Text
Instant download

Description

A retail installment agreement is an agreement signed by the Purchaser involving a finance charge and providing for the sale of goods or services. Federal and some State Laws (Consumer Credit Protection Acts) require the disclosure of what the Purchaser is being charged for the credit he/she is receiving. These disclosures include such things as the amount being financed; finance charges; the annual percentage rate; and the number of payments and when due. However, such disclosures are usually only required when a person regularly extends consumer credit (e.g. more than 25 times in the preceding calendar year).



This form is for a casual seller who does not enter into such transactions on a regular basis. It can also be used in commercial transactions (e.g., credit that is not being extended primarily for personal, family, or household purposes).



The Purchaser in this form grants the Seller a security interest in the collateral being sold. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The Seller requires the Purchaser to secure the obligation with the personal property being purchased so that if the Purchaser does not pay as promised, the Purchaser can take the collateral back, sell it, and apply the proceeds against the unpaid obligation of the Purchaser.

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FAQ

Answer and Explanation: Credit terms are the payment terms which are decided between the buyers and sellers at the time of sale. Generally these credit terms are mentioned on the invoice.

However, the seller retains legal title to the property. This provides the seller security: if the buyer fails to make payments in ance with the terms of the installment agreement, the seller may be able to recover possession of the property quicker and at less expense than if foreclosing on a mortgage.

A “binding contract” is any agreement that's legally enforceable. That means if you sign a binding contract and don't fulfill your end of the bargain, the other party can take you to court. You might encounter binding contracts frequently, whether you're signing a rental lease agreement or just bought a car.

If you back out without cause, the buyer can bring legal action for breach of contract. That means you could be facing a lawsuit where the buyer seeks compensation. Depending on the buyer, the lawsuit may seek financial compensation or even specific performance, forcing you to sell your home.

When a buyer submits a written offer, it will be a binding contract if signed by the seller before the expiration time. At any time before it is accepted by the seller, the buyer may rescind their offer. If the time lapses, then the offer is no longer valid.

Ct. 421, 428 (2010) (“Put another way, 'an enforceable agreement requires (1) terms sufficiently complete and definite, and (2) a present intent of the parties at the time of formation to be bound by those terms.

Who signs the P&S first? The tradition and custom in Eastern Massachusetts is for the Buyer to sign it first. Legally speaking, this may not matter as it is not a valid contract until both parties sign.

Real estate installment contracts are a financing option that allows for periodic payments instead of a lump sum payment. Also known as a land contract, contract for deed, or contract for sale in the real estate industry.

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Installment Contract Agreement With Seller In Massachusetts