Pre Sale Agreement for the United States

Pre Sale Agreement Template for United States

A Pre-Sale Agreement is a legally binding document used in the United States that establishes the terms and conditions for the advance sale of goods or services before they are available. This agreement protects both parties by clearly defining the product specifications, payment terms, delivery timeline, and respective obligations. Under U.S. law, it typically falls under the governance of the Uniform Commercial Code and state-specific contract laws.

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What is a Pre Sale Agreement?

The Pre-Sale Agreement serves as a critical tool in commercial transactions where goods or services are sold before they become available. Common in various industries from real estate to technology, this agreement type provides security to both sellers and buyers by documenting specific terms, conditions, and obligations. In the United States, Pre-Sale Agreements are particularly important for managing risk, ensuring clear expectations, and providing legal protection under both federal and state jurisdictions. They typically include detailed specifications, payment schedules, delivery timelines, and quality standards.

What sections should be included in a Pre Sale Agreement?

1. Parties: Identification and details of parties entering into the agreement

2. Background: Context and purpose of the pre-sale agreement

3. Definitions: Key terms used throughout the agreement

4. Subject Matter: Detailed description of goods/services being pre-sold

5. Price and Payment Terms: Purchase price, payment schedule, and methods

6. Delivery Terms: Timeline and conditions for delivery

7. Representations and Warranties: Statements of fact and promises by both parties

8. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Pre Sale Agreement?

1. Force Majeure: Provisions for unforeseeable circumstances preventing performance of obligations

2. Intellectual Property: Provisions governing IP rights and protections when IP assets are involved in the sale

3. Confidentiality: Non-disclosure obligations and protection of sensitive information shared between parties

4. Insurance: Insurance requirements and coverage specifications for high-risk transactions

What schedules should be included in a Pre Sale Agreement?

1. Product Specifications: Detailed technical specifications of goods being pre-sold

2. Payment Schedule: Detailed breakdown of payment terms, installments, and due dates

3. Delivery Schedule: Detailed timeline for delivery milestones and completion dates

4. Quality Standards: Specific quality requirements, standards, and testing procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Sale Agreement

Cost

Free to use
Industries

Uniform Commercial Code (UCC): Federal legislation governing sales transactions, particularly Article 2 which deals with the sale of goods

Interstate Commerce Regulations: Federal regulations governing business conducted across state lines, including transportation and trade

FTC Regulations: Federal Trade Commission rules governing fair business practices and consumer protection

Consumer Protection Laws: Federal laws designed to protect consumer rights and prevent unfair business practices

Magnuson-Moss Warranty Act: Federal law governing warranties on consumer products

State Contract Laws: State-specific legislation governing contract formation, enforcement, and remedies

State Consumer Protection Statutes: State-level laws protecting consumer rights and regulating business practices

State Warranty Laws: State-specific regulations governing product warranties and guarantees

State Real Estate Laws: State-specific regulations governing real estate transactions and property rights

State Registration Requirements: State-specific requirements for business registration and compliance

Statute of Frauds: Legal doctrine requiring certain contracts to be in writing to be enforceable

Contract Formation Principles: Legal principles governing offer, acceptance, consideration, and mutual intent in contract formation

Disclosure Requirements: Legal obligations to disclose material information to contracting parties

Good Faith and Fair Dealing: Legal doctrine requiring parties to act honestly and fairly in contract performance

Specific Performance: Legal remedy requiring actual performance of contractual obligations rather than monetary damages

Industry-Specific Regulations: Specialized rules and requirements applying to specific business sectors (real estate, securities, etc.)

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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