Many businesses depend upon the sale and purchase of goods, which prove to be the essence of many businesses. Entering into hundreds of thousands of contracts a year is essential. For some, an asset is no longer as valuable used as it would be sold. Assets, such as stock, equipment, or real estate can become less valuable in your care for a variety of factors. They may be better valued by other entities.
After choosing a promising purchaser, steering through the legal requirements of the sale – whether an outright purchase or a structured debt arrangement – can be time-consuming and too complex to handle by yourself.
The offices of Kashyap and Kashyap can help you in negotiating, drafting, and executing a sale agreement. We work with you, our client, through every step of contract formation – from initial negotiations, through drafting and execution. We also provide complete review services for active contracts.
Goods v. Assets
The sale contracts cover two types of agreements – a sale of goods, and a sale of assets. It is essential to know which type your state falls into – as the laws and processes applied to each differ significantly between the two.
The sale of assets is different from the sale of goods. It involves the relocation of a specific asset as a one-time transaction. It is a more individualized process and requires a greater degree of analysis by both parties. There are also distinctive legal frameworks that may apply to sale of assets, depending on the jurisdiction.
A sale of goods, on the other hand, is the sale of products as a normal part of business. A florist selling bouquets of flowers, a vegetable vendor selling vegetables, a designer selling clothes – all of these are sales of goods. The noteworthy feature of a sale of goods is the regular nature of the transaction – these are dealings the buyer engages in regularly.
The legal difference between the two can become distorted, though the consequences of either can be significant. Our experts can help in this realm, to safeguard your interests.
A Multi-Tiered Process
Several spheres of expertise and law are involved when entering into a sales agreement, thus it is a multi-tiered process. From the initial offer to an executed and binding contract involves the following stages:
Negotiation: Starting with offers and purchase orders to binding investment contracts can prove difficult. Whereas most offers are framed as “take it or leave it”, the truth is that you often have many more options than the other party would want you to believe. We can help negotiate the terms for you, if you are not satisfied with the terms of an offer, or just need to work out the fine-print. This comprises drawing up a list of enforceable terms, and thoroughly negotiating with opposing counsel to get you the best deal you can get.
Drafting: After you have an agreement with a seller or buyer, the deal still must be solemnized into a binding contract. While you may think the deal settled, it will be tough to hold the other party to the agreed upon terms. Getting from an offer or agreement, to a binding contract can be tricky. We can help – by drafting a contract that communicates the totality of your agreement, in a form carefully tailored to protect your interests and within the limits of the law of the land.
Execution: When an investment contract is negotiated and written, it still must be executed to become binding. While performance is usually a simple process, making deals across borders can make this process a cumbersome ordeal. Our attorneys work to enable the execution of contracts across borders, to ensure that the necessary formalities for all appropriate jurisdictions are met to solemnize your agreement and make it enforceable.
We Can Help!
Going through the sale agreement process can prove difficult without experienced legal advice. But we, at Kashyap and Kashyap, are here to help.
Our experts can help you with the process – negotiating, drafting, and executing an investment agreement. We offer low cost and exceptional legal services to clients through every stage of contract formation – from initial negotiations, through drafting and execution. We also offer complete review services for active contracts.
Our offices use only the most selected and qualified corporate lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.