Many businesses depend upon the sale and purchase of goods for their existence. This can involve entering into hundreds of thousands contracts a year. For others, an asset is no longer as valuable as used as sold. Whether stock, equipment, or real estate, these assets become suboptimal in your care – and may be better valued by other entities.
Once you’ve chosen a promising purchaser for yourself, navigating through the legal formalities of the sale – whether through an outright purchase or a structured debt arrangement – can be time-consuming and complicated to handle on your own.
Our offices can help of that for you – negotiating, drafting, and executing a sale agreement. We work with our clients through every stage of contract formation – from initial negotiations, through drafting and execution. We also provide comprehensive review services for active contracts.
Sale agreements cover two types of contract – a sale of goods, and a sale of assets. It is important to know which type your situation falls into – as the laws and processes applied to each vary substantially between the two.
A sale of goods is the sale of products as a normal part of business. A butcher selling meat, a musician selling compositions, a painter selling commissions – all of these are sales of goods. The key characteristic of a sale of goods is the routine nature of the transaction – these are transactions the buyer engages in regularly.
A sale of assets is different. It involves the transfer of a specific asset as a one-time transaction. This is a much more individualized process, and requires a greater degree of scrutiny by both parties. There are also different legal frameworks that may apply to sale of assets, depending on the jurisdiction.
The legal distinction between the two can become blurred, though the consequences of either can be significant.
Our experts Entering into a sales agreement is a multi-tiered process that involves several spheres of expertise and law. Getting from initial offer to an executed and binding contract involves the following stages:
Negotiation - Getting from offers and purchaseorders to binding agreements can prove tricky. While most offers are framed as “take it or leave it”, in truth you often have many more options than the other party would have you believe. If you aren’t satisfied with the terms of an offer, or just need to work out the fine-print, we can help negotiate the terms for you. This involves drawing up a list of enforceable terms, and rigorously negotiating with opposing counsel to get you the best deal you can get.
Drafting - Once you have an agreement with a seller or buyer, the deal still must be solemnized into a binding contract. Otherwise, while you may think the deal settled, it will be difficult to hold the other party to the agreed upon terms. However, getting from an agreement or offer to a binding contract can be tricky. Our attorneys can help – by drafting a contract that expresses the totality of your agreement, in a form narrowly tailored to protect your interests and within the bounds of the law of the land.
Execution - Once an investment contract is negotiated and drafted, it still must be executed to become binding. While execution is usually a simple process, international transactions require execution across borders – a cumbersome process at best. Our attorneys work to facilitate the execution of contracts across borders, to ensure that the requisite formalities for all appropriate jurisdictions are met to solemnize your agreement and make it enforceable.
Trying to get through a sale agreement can prove difficult withoutexperienced legal advice. But we are here to help.
Our offices can help with the process of generating a sales agreement – whether as a template for future dealings, or tailored for a specific transaction. We provide low cost services and top-notch legal advice to clients through every stage of contract formation – from initial negotiations, through drafting and execution. We also provide comprehensive review services for active contracts.
At the Law Offices of Akash Kashyap, Esq., we use only the bestcorporate lawyers available, trained and licensed in the US and India. We provide these legal services both through our New Delhi and Gurgaon offices, as well as online.