Agreement to arrange the sale of an item template
Entrusting an item for sale, for example to a second-hand shop: price, fee only on sale, sale period, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zmluva o obstaraní predaja veci
- I. Zmluvné strany
- II. Predmet zmluvy
- III. Odmena a vyplatenie
- IV. Doba na predaj
- V. Starostlivosť o vec a zodpovednosť za vady
- VI. Záverečné ustanovenia
Under an agreement to arrange the sale of an item, the owner has the right for the seller's agent to take over the item entrusted for sale and take the steps needed to sell it. This is the typical way of leaving an item with a second-hand shop.
The agreement must be in writing and must contain in particular the item, the price at which it is to be sold, the agent's fee and a fee in case of withdrawal before the agreed sale period.
The agent is entitled to the fee only if the item was sold. If it is not sold within three months, the agreement is cancelled unless the parties agreed otherwise.
Who needs this document
- A person leaving a pram, bicycle, clothes or electronics with a second-hand shop
- A second-hand shop taking in items for sale from people
- Selling an item through an acquaintance who sells it for a fee
- Selling a more valuable item where you want the price and fee in writing
What the document must contain
- A precise description of the item and its known defects
- The price at which the item is to be sold
- The agent's fee
- A fee if you take the item back before the sale period ends
- The sale period and what happens to an unsold item
- When and how you receive the sale proceeds
Legal basis
Civil Code
Governs the agreement to arrange the sale of an item: written form and mandatory content, a fee only on sale, payout of the price less the fee, cancellation after three months and the agent's liability to the buyer for defects. If the agent is a business and the owner a consumer, it is a consumer contract.
Act on Alternative Dispute Resolution of Consumer Disputes
A consumer whose request for redress the trader rejects or does not answer within 30 days may file a proposal for alternative dispute resolution.
Most common mistakes
Oral agreement only
An agreement to arrange the sale of an item must be concluded in writing.
No withdrawal fee stated
The agreement must also contain a fee in case of withdrawal before the agreed sale period. If none is to be paid, say so.
Unsold item after three months
If the agent does not sell the item within three months of it being entrusted, the agreement is cancelled unless the parties agreed otherwise. The parties may also agree that after a set period the item is sold at a lower price.
Concealed defect
The agent is liable to the buyer for defects of the item sold. Tell the agent about any defect you know of and state it in the agreement.
Frequently asked questions
When do I get the money from the sale?
The agent pays you the amount for which the item was sold, less the fee. Agree on the deadline and method of payment in the agreement.
Do I pay the fee if the item is not sold?
No. The agent is entitled to the fee only if the item entrusted was sold. If you take the item back before the agreed period ends, you may pay the agreed withdrawal fee.
Who is liable to the buyer for defects?
The agent. The agent is also liable for the item having the properties stated at the sale; otherwise the rules on the sale of used items apply by analogy.
What if the shop rejects my complaint?
If the shop is a business and you conclude the agreement as a consumer, you may send it a request for redress. If it rejects it or does not answer within 30 days, you may file a proposal for alternative dispute resolution; you can always go to court.
Does the template work between two companies?
No. When a business entrusts goods for sale to another business in the course of business, it is a commission agency agreement under the Commercial Code.
Agreement to arrange the sale of an item for your business
You fill in your company details and the document is ready in under a minute.
Generate the document