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 Page 1


Difference 
Between Sale and 
Agreement to Sell
Page 2


Difference 
Between Sale and 
Agreement to Sell
Sale vs. Agreement to Sell
Sale
A sale occurs when the seller immediately 
transfers the ownership of goods to the buyer.
It involves a direct exchange where the property 
in goods is passed to the buyer for a price.
Example
When you go to a store and buy a book, the 
transaction is a sale.
Page 3


Difference 
Between Sale and 
Agreement to Sell
Sale vs. Agreement to Sell
Sale
A sale occurs when the seller immediately 
transfers the ownership of goods to the buyer.
It involves a direct exchange where the property 
in goods is passed to the buyer for a price.
Example
When you go to a store and buy a book, the 
transaction is a sale.
Agreement to Sell
Future Transfer
Sets the stage for a 
future transfer of 
ownership based 
on certain 
conditions.
Conditional 
Ownership
Ownership will be 
transferred at a 
later date upon 
meeting specific 
conditions.
Example
Ordering customized furniture represents an 
agreement to sell until delivery and payment.
Page 4


Difference 
Between Sale and 
Agreement to Sell
Sale vs. Agreement to Sell
Sale
A sale occurs when the seller immediately 
transfers the ownership of goods to the buyer.
It involves a direct exchange where the property 
in goods is passed to the buyer for a price.
Example
When you go to a store and buy a book, the 
transaction is a sale.
Agreement to Sell
Future Transfer
Sets the stage for a 
future transfer of 
ownership based 
on certain 
conditions.
Conditional 
Ownership
Ownership will be 
transferred at a 
later date upon 
meeting specific 
conditions.
Example
Ordering customized furniture represents an 
agreement to sell until delivery and payment.
Definition of Sale (Section 4(1))
Legal Definition
A sale is a contract where the seller agrees to 
transfer the property in goods to the buyer for 
a price.
This transfer of ownership happens 
immediately, and the contract is binding on 
both parties.
Formation of Contract
A contract of sale forms when there is an 
offer to buy or sell goods at a price and 
acceptance.
The contract may specify immediate delivery, 
payment, delayed delivery, or installment 
payments.
It can be written, oral, or implied from the 
parties' conduct.
Page 5


Difference 
Between Sale and 
Agreement to Sell
Sale vs. Agreement to Sell
Sale
A sale occurs when the seller immediately 
transfers the ownership of goods to the buyer.
It involves a direct exchange where the property 
in goods is passed to the buyer for a price.
Example
When you go to a store and buy a book, the 
transaction is a sale.
Agreement to Sell
Future Transfer
Sets the stage for a 
future transfer of 
ownership based 
on certain 
conditions.
Conditional 
Ownership
Ownership will be 
transferred at a 
later date upon 
meeting specific 
conditions.
Example
Ordering customized furniture represents an 
agreement to sell until delivery and payment.
Definition of Sale (Section 4(1))
Legal Definition
A sale is a contract where the seller agrees to 
transfer the property in goods to the buyer for 
a price.
This transfer of ownership happens 
immediately, and the contract is binding on 
both parties.
Formation of Contract
A contract of sale forms when there is an 
offer to buy or sell goods at a price and 
acceptance.
The contract may specify immediate delivery, 
payment, delayed delivery, or installment 
payments.
It can be written, oral, or implied from the 
parties' conduct.
Goods Involved in Sale
Existing Goods
Generally, 
existing goods 
are the subject 
of a contract of 
sale.
Future Goods
Goods can also 
be future goods 
not yet in 
existence.
Example
A car dealership 
selling a car 
from current 
stock involves 
existing goods.
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