Prior sale

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Intermediate sale means that a product is sold in the meantime before a certain event occurs or a specified period has passed.

The word is mostly used in three different contexts:

  • Subject to prior sale is a clause and a trade clause in a seller's offer to sell . The buyer thus reserves the right to sell the item to other interested parties as long as the potential buyer has not accepted the offer. The offer of the seller is conditional upon another sale. Until the conclusion of the purchase contract , the seller is not bound by his offer and may meanwhile sell to another buyer. The seller is in doubt for the power , if he committed to access the declaration of acceptance has not sell otherwise the item offered. It is also conceivable to limit this free clause to certain points of the transaction . The collection of such clauses as part of the contract must, however, be made with the necessary clarity and specificity.
  • Intermediate sale in relation to a duration of an investment or possession . If, for example, a property is sold during a certain period - such as a period for tax exemption from capital gains - this is an intermediate sale. Depending on the law, this intermediate sale may or may not interrupt the course of the defined period. In the case of the "intermediate sale before final maturity", private investors have been given a factual right to choose between taxing the (original) issue yield and the (current) market yield in the event of a discrepancy between the arithmetical price development ( issue yield ) and the actual price development ( current yield ) .
  • More rarely, the word is an intermediary also used to describe the shops, as opposed to a direct selling the goods from a supplier concerns and to another middleman or the end user without any special processing resold .

literature

  • Rainer Wörlen / Karin Metzler-Müller: Commercial law with company law. Heymanns, 2006, ISBN 3-452-26104-2

Individual evidence

  1. ↑ Gabler Wirtschaftslexikon, keyword: Subject to prior sale , Volume 6, 1984, Col. 2501
  2. ↑ OLG Hamburg BB 1960, 383
  3. ↑ OLG Hamburg BB 1960, 383
  4. ↑ Wolfgang Buchholz / Franz Hubert, Taxation and Promotion in Comparison of Different Forms of Investment , 1994, p. 25 ff. (PDF; 383 kB)
  5. ↑ Karl-Werner Schulte / Jürgen Kühling / Wolfgang Servatius / Frank Stellmann (eds.), Real Estate Economics II: Legal Foundations , 2013, p. 606