A: Before entering into both types of sales contracts, the parts of a basic contract must be distinguished. According to art. 1318 BGB: The bulk of the sale is the transfer of the property (property) to the property (object) at a price (cause) and not a simple physical delivery. A sales contract is a contract or agreement by which a party (seller/seller) agrees to deliver and transfer something to the other party (buyer/seller/buyer) who in turn agrees to pay the price. In this case, the transfer of ownership can be made via the property. Take, for example, the sale of an apartment in presale. The real estate developer agrees to sell a particular unit that has yet to be built, while the buyer promises to pay a certain amount in increments or in full. It is accepted that before the transfer of ownership, the condo must be completed and the total purchase price to be paid. It cannot move on to the next step until the seller and buyer are able to keep their bargain ending. It is safer to enter into deactivating sales only if both parties are able to comply. The property should only be made after full payment.
Sellers who transfer ownership of their property without first obtaining the full purchase price of the property have an unnecessary inconvenience. The parties can continue to guarantee their agreement with a contract to sell, then go to a purchase authorization Only if everyone is willing to do so. A sales contract may be terminated (by termination) in case of non-payment of the price (condition of dissolution) or sued (by a special benefit). A: No, they`re not. The sales contract is preceded by a sales and purchase contract, the first serving as the basis for the second. There is an act of finitude when it comes to the deed of sale. On the other hand, the sales contract requires the parties to first meet the conditions they have accepted. This necessarily means that such conditions must be met before a subsequent agreement is reached. Only then can the process be put in place so that the transfer of ownership to the property can be effective.
A: To be clear, there is no transfer of ownership going on here. It is agreed that the seller undertakes to sell real estate to the buyer, who in turn confirms to buy it.