购买合同怎么拟定（如何起草购买协议）

YOUR GUIDE TO A purchase AGREEMENT如何起草购买协议，我来为大家讲解一下关于购买合同怎么拟定?跟着小编一起来看一看吧!

购买合同怎么拟定

YOUR GUIDE TO A purchase AGREEMENT

如何起草购买协议



作者：韦伯曼 （Webermann，新加坡南洋商务学院教授）



学术交流请私信或评论留言



Purchase agreements are made for various reasons, from land sales to home sales to car sales. Once negotiation has taken place, a purchase agreement is drawn up, and then it gets signed by both buyer and seller.It's important to note that purchase agreements are typically used for goods as opposed to services, so you're going to have something tangible at the end of an agreement. If you've ever been involved in a real estate purchase, you've probably seen one.签订购买协议是出于各种原因，从土地销售到房屋销售、汽车销售。一旦洽谈达成合意，就起草购买协议，然后由买卖双方签署。

重要的是要注意，购买协议通常用于商品而不是服务，因此您将在协议达成时获得有形物品。如果您曾经参与房地产购买，您可能已经见过一份此类协议。



What Is a Purchase Agreement? 什么是购买协议？

The simple definition of a purchase agreement is that it is a legal document that outlines all terms and conditions related to the sale of a given item. They are legally binding between both the seller and the buyer.When it comes to home sales, purchase agreements are par for the course. If it is a well-written agreement, it will cover all details of the purchase at hand. At a minimum, there are specific pieces of information that must be disclosed in a purchase agreement.购买协议的简单定义是，它是一份概述了与特定项目销售相关的所有条款和条件的法律文件，在卖方和买方之间具有法律约束力。

在房屋销售方面，购买协议是寻常的。如果这是一份起草质量好的协议，将涵盖眼下购买的所有细节，至少必须在购买协议中披露特定的信息。



Buyer and seller contact information will be found within the purchase agreement in addition to any other contact info for witnesses. There will also be a description of the sale type that the agreement was made for, as well as the actual sale item that is changing hands.

The price will also be listed in addition to the date the agreement is being signed. Any underlying terms will also be listed in order to fulfill the agreed-upon requirements.Purchase agreements aren't always amendable, but if they are, it will be written into the document that the agreements can be revised later if needed. You'll also know what the proper course of action should be if a legal dispute ever arose as a result of the purchase agreement.买卖双方的联系信息以及证人的联系信息都将记载在购买协议中。协议所涉及的销售类型，以及正在转手的实际销售项目都将在协议中有所陈述。

除协议签署之日外，还将列出价格。还将列出任何基础条款，以满足商定的要求。购买协议并不是随时可修改的，但如果可以修改，则会将其在文件中写明在今后需要时可以修改协议。如果因购买协议而产生法律纠纷，您也会知道应采取的正确处理方式。



Two Types of Purchase Agreements 两种购买协议

There are two main types of purchase agreements – absolute and conditional. Absolute purchase agreements are simple and are used for keeping track of transactions similarly to receipts. Conditional purchase agreements are more complicated and require contingencies or security deposits. Legal disputes are not unusual when conditional purchase agreements are involved. In these cases, damages go to the party that did not violate the agreement.Both types of agreements are seen in various transactions. The goods that are sold include things like vehicles, furniture, computers, jewelry, horses, tickets, and other large items that generally cost more than $500.购买协议有两种主要类型 - 绝对和有条件的。绝对购买协议很简单，用于跟踪与收据类似的交易。有条件购买协议更复杂，需要或有事项或保证金。涉及有条件购买协议时，常发生法律纠纷。在这些情况下，应对没有违约的一方予以损害赔偿。

两种类型的协议都可以在各种交易中看到。出售的商品包括车辆，家具，电脑，珠宝，马匹，门票以及其他一般价格超过500美元的大件物品。



To make sure that the agreements are compliant with state laws, you may want to run them by licensed attorneys to be on the safe side.为了确保协议符合州法律，您可能希望由有执照的律师履行这些协议以确保安全。



Purchase Agreements for Homes 家庭购买协议

Any time you are involved in the selling or buying of a house or other primary residence, you're going to sign a purchase agreement specifically written for this occasion. It will outline everything that the seller and buyer have agreed to. Having one that is well-written ensures that the sale process will go through without incident.Conditions within the purchase agreement are meant for buyer protection. As an example, in the sale of a home, there may be restrictions regarding repair to the flooring that state the seller must resolve the issue before the agreement is signed.无论何时您参与出售或购买房屋或其他基本住宅，您都将签署专门为此次交易起草的购买协议。该协议将概述买卖双方已达成合意的所有内容。一份优质的协议能够确保销售过程顺利进行。购买协议中的条件旨在保护买方。例如，在出售房屋时，可能存在对地板修理的限制，约定卖方必须在签署协议之前解决问题。



There will also be explicit guidelines that allow either the buyer or the seller to negate the agreement and pull back from the sale. An example of one such condition involves financing. If the buyer cannot secure adequate financing, then the seller can back out of the agreement without fault.Your best bet in getting a purchase agreement that is well-written is to work directly with a real estate attorney or real estate agent to feel comfortable about having protection for your potential home purchase.还有明确的准则允许买方或卖方毁约并撤销销售。比如涉及融资的条件，如果买方无法获得足够的融资，那么卖方可以撤销协议而不违约。

获得一份起草优质的购买协议的最佳选择是直接与房地产律师或房地产经纪人合作，以便为您的潜在购房提供保障。



Purchase Agreements for Land 土地购买协议

A land purchase agreement is similar to a home sale, but there are some differences that are worth noting, especially regarding the land title. The seller holds on to the land title until payment has been received in full. At that point, the seller turns the title over to the buyer.Because of the way that land purchase agreements work, farmers benefit by being able to use the land without owning it up front. Within the agreement, you'll also find a description of what is being sold, the expected purchase price, length of payment term, and anything else that is needed to complete it.土地购买协议类似于房屋销售，但是有一些值得注意的差异，特别是关于土地所有权。卖方持有土地所有权，直到收到全额付款。此时，卖方将标的转交给买方。

由于土地购买协议的运作方式，农民可以通过在没有预先拥有土地的情况下使用土地而获益。在协议中，您还可以见到对在售物的描述、预期购买价格、付款期限以及完成该交易所需的任何其他内容的约定。



It is critical to have a purchase agreement that is legally sound in order to avoid disputes in the future. There are forms that you can fill out online, but when in doubt, reach out to a real estate attorney to help you determine if the document is written to comply with your area.为了避免将来发生争议，签订合法的购买协议至关重要。您可以在线填写表格，但如有疑问，请与房地产律师联系，以帮助您确定文件的起草是否符合您所在地区的规定。





Going Forward with a Purchase Agreement 促成购买协议

So, you've found the perfect house or parcel of land – that's great! Your next step is to have the purchase agreement drawn up by a competent real estate agent or attorney. You'll also need to have earnest money to put down with your offer, and then the agreed-upon percentage when you sign the agreement. Typically, the amount due is approximately between 5 and 10 percent of the total purchase price. The money is applied to the total purchase price, but it is required in many cases unless you qualify for specific types of financing.所以，你已经找到了完美的房子或土地 - 这太棒了！您的下一步是由合格的房地产经纪人或律师制定购买协议。您还需要支付定金来敲定您的报价，然后在签署协议时达成约定的百分比。通常，应付金额约占总购买价格的5％到10％。这笔钱适用于总购买价格，但在许多情况下需要这笔钱，除非您有资格获得特定类型的融资。



Once you decide to sign the purchase agreement, you need to be certain before putting pen to paper. In most instances, any deposits made will not be refundable. That means that if you, as the buyer, were to walk away without an acceptable reason, then that deposit will revert to the seller.一旦您决定签署购买协议，您应在黑字落在白纸之前做确定。在大多数情况下，定金将不予退还。这意味着，如果您作为买方在没有可接受的理由的情况下放弃，那么该定金将归于卖方。



How to Get Out of a Purchase Agreement 如何取消购买协议

Recognize that you may or may not be able to get out of a purchase agreement depending on the area and contingencies that are built into the agreement. You can't just change your mind, though, and decide that you don't want to go through with a purchase. It doesn't work that way.Earnest money was mentioned earlier, but it's important to repeat that if you were to honestly and completely cancel an agreement due to specific reasons that are laid out within it, then you can get it back. If you breach the contract, you're going to risk losing that money.

认识到您可能会或可能不会取消购买协议，具体取决于协议中包含的区域和意外情况。但是，你不能只是改变主意，并决定你不想购买。那不起作用。

前面提到了保证金，但有必要重复，如果你因为协议中列出的具体原因，处于诚实地完全取消协议，那么你可以把定金收回。如果你违反合同，你将面临失去这笔钱的风险。



If the seller breaches the contract, then you're in the clear to request cancellation of the purchase agreement. Examples of breaches include failing a home inspection or not getting information in a timely manner. On the other hand, if you don't care about losing your deposit, you can back out of an agreement. Understand, though, that if you take this route, there is a chance that the seller can pursue you and sue to claim a breach of contract.如果卖方违反合同，那么您明确要求取消购买协议。违规行为的示例包括未通过房屋检查或未及时获取信息。另一方面，如果您不在乎丢失存款，则可以退出协议。但是要明白，如果你采取这种方式，卖方可能会追诉你并要求违约赔偿。



A Few Last Words About Purchase Agreements 关于购买协议的最后几句话

Purchase agreements are so important in this day and age. Without one, you can end up with a lot of misinformation, miscommunication, and just a rough time when you finally find that item you've been looking for.Having a purchase agreement is going to make a difference because not only will it save everyone time, it will also act as a way to see what the expectations are for both buyer and seller. Agreements help keep things clear so that the process can run smoothly from start to finish.

购买协议在这个时代非常重要。如果没有一个购买协议，你最终会得到很多错误的信息、错误的传达，而且你将经历一段艰难时期才能最终找到你一直在寻找的项目。

有一份购买协议将产生不同的效果，因为它不仅将节省每个人的时间，而且还将作为一种方式来了解对买方和卖方的期望。协议有助于保持明确，从而使流程从头到尾顺利运行。



Remember, details are your friends. Be specific about items included in the sale like window dressings or light fixtures. Make it a point to specify that the seller is responsible for all associated expenses up through the date of closing.请记住，细节是你的朋友。具体说明销售中包含的物品，如窗饰或灯具。请指明卖方负责截至结束日期之前的所有相关费用。



If you have the agreement written in a way that allows all parties to agree, then you're set to go forth and purchase that home or car that you've had your eye on. The best thing is that you'll know exactly what you're getting into.如果你的协议是以允许所有各方同意的方式起草的，那么你就可以出去购买你所看中了的房屋或汽车。最棒的是你会确切地知道你正在从事什么交易。









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