Understanding legal agreements when you start to sell on a digital marketplace platform can be time-consuming. When sellers want to electronically download digital assets (such as digital files, gifs, or videos) to register for a marketplace account, sellers need to know where the transaction support is needed in their state.

Sellers of digital assets need to know about key agreements before selling legally binding products or services through a digital marketplace. Purchases and sales can happen every day on these platforms, and the digital sales agreement will ensure the essential terms of a sale are being made every day when buyers download digital products or services to receive free things or songs for a period of time or pay per file.

One of the most common forms of online agreements is a Purchase and Sale Agreement (“PSA”) (which can also be referred to as a Purchase Agreement or Bill of Sale). The PSA is a negotiated contract that lists the key information about the purchase and sale of goods, services, or real estate as well as critical obligations of both parties.

In Maine, a PSA can be used for the sale of real property, a business, or a general sale of personal property (goods). Importantly, Purchase and Sale Agreements for the sale of real property and a business must be in writing (signed) to be viable.

Sample PSA Terms:

  • A seller and buyer of real property may agree (by writing) to a Purchase and Sale Agreement (PSA) that includes:
  • A seller and buyer of a business may agree (by writing) to a Purchase and Sale Agreement (PSA) that includes:
  • A seller and buyer that is selling or buying goods may agree (by writing) to a Purchase and Sale Agreement (PSA) that includes:

A marketplace platform may require its sellers to agree to a Purchase and Sale Agreement within its terms of service for transparency purposes before making sales of digital products or services on its platform. Having a marketplace platform’s sales agreement detail the obligations and requirements of a transaction (from how to receive payment to how long the transaction will last for legally binding products or services, to how the payment will be made) can create trust with users.

Marketplace platforms can avoid legal issues by having those selling digital assets clearly understand their sales agreement and that the seller is agreeing to the agreement each time he or she makes a transaction with clients. This can save time for marketplace administrators and sellers and streamline the sales process.

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