Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Contract of sale

123: Sale and agreement to sell

You could also call this:

“Agreeing to buy or sell something now or later”

A contract of sale is when you agree to buy or sell something. There are two main types of contracts of sale:

  1. A ‘sale’ happens when you give the item to the buyer right away. As soon as you make the deal, the buyer owns the item.

  2. An ‘agreement to sell’ is when you promise to give the item to the buyer later. You might wait for a certain time to pass or for something specific to happen before the buyer gets to own the item.

When the time comes or when the conditions are met in an ‘agreement to sell’, it changes into a ‘sale’. This means the buyer now owns the item.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844305.


Previous

122: Contracts of sale may be absolute or conditional, or

"Sales contracts can be simple or have special conditions"


Next

124: Capacity to buy and sell, or

"Who can buy and sell things, and special rules for some people"

Part 3 Sale of goods
Formation of contract: Contract of sale

123Sale and agreement to sell

  1. A contract of sale is a sale if, under the contract, the property in the goods is transferred from the seller to the buyer.

  2. A contract of sale is an agreement to sell if the transfer of the property in the goods is to take place at a future time or subject to a condition or conditions to be fulfilled at a future time.

  3. An agreement to sell becomes a sale when the time for the transfer of the property to take place elapses or the condition or conditions of the transfer of the property are fulfilled.

Compare