How to write a sales and transfer contract
In commercial transactions, the sales and transfer contract is an important legal document that ensures the rights and interests of both parties. Whether it is the transfer of corporate equity, real estate sales or other asset transactions, a standardized contract can effectively avoid disputes. The following are the key points and structured data for writing sales and transfer contracts to help you quickly grasp the core content.
1. Basic structure of sales and transfer contract
A complete sales and transfer contract usually contains the following core terms:
| Clause name | Content description |
|---|---|
| Contract title | Clarify the nature of the contract, such as "equity transfer contract" or "housing sales contract" |
| Party information | Names, ID numbers, contact information, etc. of the buyer and seller |
| Description of subject matter | Detailed description of the transferred assets (such as property address, equity ratio, etc.) |
| Transaction price and payment method | Amount, currency, payment time and installment arrangement (if applicable) |
| Rights and Obligations Clause | Delivery obligations of both parties, defect warranty liability, etc. |
| Liability for breach of contract | Liquidated damages calculation method or compensation standard |
| dispute resolution | Agree on the place of arbitration or litigation jurisdiction |
2. Recent popular transaction dispute cases (hot spots across the network in the past 10 days)
In light of recent hot topics, the following are contract terms that require special attention:
| event type | Risk point | Contract response clauses |
|---|---|---|
| Live broadcast account buying and selling disputes | Disputes over account ownership | Clarify the transfer of account ownership and ancillary interests |
| New energy vehicle transfer | Battery warranty expired | Indicate whether the original factory warranty terms are extended |
| Live pet trade | health issues controversy | Agree on quarantine report submission and after-sales observation period |
3. Things to note when writing a contract
1.The subject matter is clearly defined: For special assets (such as intellectual property), a copy of the title certificate must be attached as an attachment.
2.Price terms to prevent traps: It is recommended to indicate the "total price including tax" or "tax bearer" to avoid subsequent disputes.
3.Visualization of delivery process: Use a flow chart or timetable to clarify the delivery steps, for example:
| stage | Buyer obligations | Seller's obligations |
|---|---|---|
| 3 days after signing the contract | Pay 30% deposit | Provide asset list |
| Before transfer | Settlement balance | Complete ownership change registration |
4. Contract Template Example (Excerpt)
The following are examples of general terms, please adjust them according to actual conditions:
"Article 4 Delivery of the subject matter
The seller shall deliver the [specific asset name] and related ownership certificates to the buyer within [ ] working days after this contract takes effect. The delivery location is [ ]. The buyer should sign the Delivery Confirmation upon receipt. "
"Article 7 Liability for breach of contract
If either party overdues its obligations for more than [] days, the observant party has the right to terminate the contract, and the defaulting party shall pay liquidated damages based on []% of the total transaction amount. "
5. Professional advice
1. When real estate or large-value transactions are involved, it is recommended that the notary office handle the notarization of the contract.
2. Cross-border transactions require special attention to applicable legal provisions, and clearly choose Chinese law or the United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. The use of electronic signatures must comply with the provisions of Article 13 of the Electronic Signature Law.
Through the above structured data and case analysis, I hope it can help you write a sales and transfer contract efficiently. If you need personalized text, it is recommended to consult a professional lawyer for review.
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