Pre-Sale Agreements and Sale Contracts in Tunisian Law

Pre-sale agreements and sale contracts are among the most important contracts governing real estate transactions in Tunisian law. This article aims to clarify the concept of a pre-sale agreement, the necessary conditions for the validity of this contract, as well as the rights and obligations of the contracting parties.

• I-What is a Pre-Sale Agreement?
• II-What are the Conditions for the Validity of a Pre-Sale Agreement?
• III-What are the Rights and Obligations of the Parties in a Pre-Sale Agreement?
• VI-Conclusion

I-What is a Pre-Sale Agreement?

A pre-sale agreement is a preliminary contract in which the seller commits to selling a specific item to the buyer in the future under agreed-upon terms. This contract aims to outline the commitments of both parties before concluding the final contract. A pre-sale agreement can be binding for both parties or just one.

II-What are the Conditions for the Validity of a Pre-Sale Agreement?

• Legal Capacity: Both the seller and the buyer must have the legal capacity to enter into contracts.
• Specification of the Item Sold: The item sold must be clearly and precisely defined in the contract.
• Price Specification: The sale price must be clearly and definitively stated.
• Intention to Contract: Both parties must have a clear and explicit intention to contract.
• Official Documentation: It is preferred to officially document the pre-sale agreement before a notary public to ensure the rights of both parties.
• Duration of the Agreement: The duration of the pre-sale agreement must be specified, indicating the period during which the parties are committed to concluding the final contract.

III-What are the Rights and Obligations of the Parties in a Pre-Sale Agreement?

Seller’s Rights:

• Right to the Buyer’s Commitment: The seller has the right to demand the buyer’s commitment to purchase the item sold according to the contract terms.

Seller’s Obligations:

• Non-Sale to Others: The seller is obligated not to sell the promised item to any other party during the validity of the agreement.
• Preparation for Sale: The seller must prepare the item for sale to deliver it upon the conclusion of the final contract.

Buyer’s Rights:

• Right to Purchase the Item: The buyer has the right to demand the seller to execute the final contract and sell the item according to the agreed terms.

Buyer’s Obligations:

Seller’s Rights:

• Right to the Buyer’s Commitment: The seller has the right to demand the buyer’s commitment to purchase the item sold according to the contract terms.

Seller’s Obligations:

• Non-Sale to Others: The seller is obligated not to sell the promised item to any other party during the validity of the agreement.
• Preparation for Sale: The seller must prepare the item for sale to deliver it upon the conclusion of the final contract.

Buyer’s Rights:

• Right to Purchase the Item: The buyer has the right to demand the seller to execute the final contract and sell the item according to the agreed terms.

Buyer’s Obligations:

• Payment of Agreed Price: The buyer is obligated to pay the agreed price in the final contract.
• Completion of the Transaction: The buyer must complete the transaction within the specified timeframe in the pre-sale agreement.

VI-Conclusion

A pre-sale agreement is an important preliminary contract that ensures the rights and obligations of the parties before concluding the final contract. By adhering to the necessary conditions for the validity of this contract, both parties can ensure the proper and legal execution of the transaction. It is important to officially document the pre-sale agreement and keep a copy of the contract to ensure the protection of the rights of all contracting parties.