Changes to the sales contract can be made by concluding an additional agreement, applying to the courts or sending a unilateral notification to the counterparty. To implement each of these methods, certain conditions must be met.
Instructions
Step 1
The main way of making changes to the sales contract is the conclusion by the parties to this contract of an additional agreement. All agreed changes are recorded in the specified agreement, a new version of the terms of the concluded agreement is given, indicated as of the date of commencement of the specified conditions. The implementation of this method is possible only if the counterparties have reached a mutual agreement on the need to amend the contract accordingly.
Step 2
In some cases, changes to the sales contract may be made unilaterally by the seller or the buyer. Such a scenario can be realized when the contract itself grants one of the parties the appropriate rights. Usually, changes in this situation are made out in a separate notification, which one party to the contract sends to the other. Changes come into force, as a rule, a few days after the receipt or sending of such notification (the specific period is determined in the contract itself).
Step 3
A common way to amend the sales contract is to appeal to the courts by the interested party with a corresponding requirement. This method is used in the absence of agreement between the counterparties, however, for a positive court decision to change the contract, there must be serious grounds. The changes take effect from the moment of entry into force of the court decision, which satisfied the requirements for their introduction into the agreement.
Step 4
The basis for the compulsory (judicial) amendments to the sales contract is a material violation of the terms of this agreement by the seller or the buyer. In this case, the injured party suffers serious losses, which deprive it of all the advantages and benefits that it counted on when concluding the contract. That is why civil law allows the court to change the terms of the agreement in favor of a bona fide counterparty in his claim.
Step 5
Another reason for the judicial change in the terms of the purchase and sale agreement is a significant change in the circumstances under which this agreement was concluded. In this case, there is no guilty behavior on the part of any counterparty, however, under the new conditions, the buyer or seller is also deprived of certain property benefits. At the request of an interested person, the judicial authorities may, by their decision, change the sales contract in this situation.