Also known as:sells · sold · selling · seller · sellers · vendor
Written by attorneys · grounded in primary & secondary sources — see below
To transfer possession and ownership of property for money or equivalent value. The transfer triggers obligations such as conveying marketable title in land sales or exposing the transferor to liability when the item is dangerous.
Sources & Authorities· 39 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
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Common Law
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How it applies
Common Examples
6
Land Sale With Unreleased Lien
Solomon Silver contracted to sell Blackacre to Seth Shapiro. A recorded mortgage lien remained unreleased at closing. Seth refused to close and demanded rescission because the title defect prevented acceptance by a prudent purchaser.
Sale of Stolen Vehicle
Samuel Soto received a stolen motorcycle and sold it to a third party for cash. Because the amount exceeded five hundred dollars and Soto regularly dealt in stolen vehicles, the transaction supported a third-degree felony charge.
Law Practice Sale and Cessation
Spencer Silver sold his solo practice to Sentinel Security's legal division. Spencer immediately stopped all private practice in the jurisdiction and gave written notice to every client as required by the sale agreement.
Sale of Known Dangerous Equipment
Sebastian Santos sold a used press brake manufactured by a third party. Santos knew the machine lacked required safety guards yet failed to warn the buyer. When the buyer suffered serious injury, Santos faced negligence liability for the harm.
Product Sales Creating Jurisdiction
Spectrum Financial advertised and sold replacement parts through dealerships in the forum state. A resident plaintiff was injured by one of its products and sued there. The extensive in-state sales and marketing supported specific jurisdiction even though the particular unit was not first sold locally.
Residential Real Property Transaction
Sean Steele listed and sold his single-family home to a buyer. The transaction fell within the statutory definition of selling residential real property and therefore triggered the anti-discrimination provisions of the governing federal housing statute.
Common questions
Frequently Asked
6
When must a seller of land deliver marketable title?+
A seller must deliver title free from reasonable doubt that a prudent purchaser would accept. Recorded liens or gaps in the chain render title unmarketable and allow the buyer to refuse closing or seek rescission unless the contract provides otherwise.
Does selling stolen property automatically become a felony?+
Selling stolen property becomes a third-degree felony when the amount exceeds five hundred dollars or when the receiver is in the business of buying or selling stolen goods. The statute aggregates amounts from a single scheme or course of conduct.
What must occur after a lawyer sells a law practice?
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The selling lawyer must cease private practice in the relevant geographic area or jurisdiction. Written notice must be given to each client, and the entire practice or area of practice must be transferred to one or more purchasing lawyers or firms.
When is a seller of a third-party product liable in tort?+
A seller who knows or has reason to know the chattel is dangerous must exercise reasonable care to inform the buyer or otherwise protect foreseeable users. Failure to do so subjects the seller to liability for resulting bodily harm.
Can extensive product sales support personal jurisdiction?+
Yes. A manufacturer that advertises, maintains dealerships, and sells replacement parts in the forum thereby exploits the market and may be subject to specific jurisdiction when the claim relates to those contacts.
Which transactions fall under the Fair Housing Act's selling provisions?+
The Act covers the selling, brokering, or appraising of residential real property. These activities are subject to the statute's anti-discrimination rules when they involve dwellings.
to those he has inspected; and thus the State will have imposed a restriction upon the distribution of constitutionally protected as well as obscene literature. . . . And the book
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major defense equipment may be disapproved by concurrent resolution). "8. National Emergencies Act, Pub. L. No. 94-412, § 202, 90 Stat. 1255 (1976), 50 U. S. C. 1622 (Presidentially…
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