We have all raised the possibility of making a purchase of movable property (such as a car, motorbike, antique furniture…), and it is advisable to know that this object may possess a certain defect, malfunction or wear by the mere use that can generate problems between buyer and seller later. Therefore, we recommend that before you proceed to the sale of furniture you prepare a document (contract) to protect your interests.
Purchase of movable property contract
What should I consider?
Defects that apparently anyone can detect will not be the responsibility of the seller. If after delivering the item and paying the price, the buyer decides that it is not to their liking and wants to return or ask the seller to repair it, the latter will not have the obligation, nor if the judgment appears later.
- On the other hand, if the fault was not easily detectable, the buyer, using his sales contract, can request the arrangement or return to the seller.
- That the seller is the owner or legally represents the owner. No one can validly transmit something that is not his.
- That the seller in addition to owning, is empowered to transmit the thing, ie that the thing does not have a second owner and does not fall on a condition that prevents it from being sold.
- That the price is fair, or the general price of the market for those movable property and state in which it is located. This point can be somewhat more flexible because it depends on the interests of the parties.
Specialities of purchase of movable property
Sale of motor vehicle
- Seller and buyer details.
- The price and payment terms for the vehicle
- The necessary documentation: the technical data sheet, circulation permit, ITV, tax and fees payment.
- Vehicle features.
- How to cope with vehicle defects, to ensure the contract is effective.
It is essential that the buyer is informed of any defects or problems of the vehicle by the seller before the sale goes ahead, even requesting the review by a specialist or expert to fix their status.
Sale of furniture, antiques, electrical appliances, jewellery or art
If you are thinking of selling personal furniture to another individual, you may want to do things formally to ensure that the sale is effective, especially if it is an operation of great economic value. The use of a contract of sale of personal goods means that the sale of its goods is registered in a legally binding way, which helps to protect its own interests as much as possible. This type of contract must include a full description of what is being sold and the price of the goods and shipping costs.
Sale of animals
If you are going to buy or sell, you should make sure that the animal is of the breed you are looking for and that it is in a convenient state of health.
Protect yourself from possible controversies with a sales contract that you can attach to a pedigree certificate, animal documentation and veterinarian’s card.
Basic information for the sale of furniture
- Date and place of the sale.
- Names and addresses of the parties (buyer, seller, and representatives in it’s the case).
- Full name of the thing.
- Nature, brand, model, color.
- Year of manufacture or creation.
- State it is in.
- Price and methods of payment: cash, in instalments …
- Elements or accessories that compose it.
- Other pacts may be included such as maintenance or repair pacts, and affidavit of veracity of nature and state of good.
- Print and sign by both the document, in all its sheets.
- Identification of the parties (DNI of the buyer and seller, of the representative of it, or CIF if it is a company).
- A simple copy of the property registration if you were enrolled.
- Certified to be free of charges.
- Accessories contracts: signal, pedigree, mandate…
- Inventory of accessory goods, if any.