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Because the nature of sale is absolute while an agreement to sell is conditional. A contract of sale is an example of Executed Contract whereas the Agreement to Sell is an example of Executory Contract. Risk and rewards are transferred with the transfer of goods to the buyer in Sale.
In the contract of sale, the exchange of goods takes place immediately. In the agreement to sell the parties agree to exchange the goods for a price depending on the fulfilment of certain conditions at a future specified date.
Salefffdis executed contact i.e when both the parties perform their part whereasfffdagreement to sellfffdis an executory contract i.e which is to perform in the future. Salefffdgives right in rem i.e against the whole world whereas infffdagreement to sellfffdit gives right in personal i.e between the parties only.
Risks are transferred immediately in sale whereas in the agreement of sale risks are attached to the seller till the goods are being transferred in the future. The sale is an executed contract whereas agreement to sell is an executory contract.
How to write a real estate purchase agreement.Identify the address of the property being purchased, including all required legal descriptions.Identify the names and addresses of both the buyer and the seller.Detail the price of the property and the terms of the purchase.Set the closing date and closing costs.More items...