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Resellers: Legal Insights and Definitions You Need to Know
Definition & Meaning
A reseller is an individual or business entity that purchases products or services with the intention of selling them to end users for a profit. This can be done under their own name or as an authorized dealer for the manufacturer. Resellers often need to obtain a reseller's license to legally sell certain products. They may also bundle products with other items or incorporate them into their own branded offerings.
Table of content
Legal Use & context
The term "reseller" is commonly used in commercial law, particularly in areas related to sales and distribution. Legal contexts may include:
Contract law, where agreements between manufacturers and resellers are established.
Intellectual property law, particularly concerning trademarks and branding.
Regulatory compliance, where resellers must adhere to specific licensing and sales regulations.
Users can manage their reseller activities with the help of legal forms and templates provided by US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A small electronics store purchases smartphones from a manufacturer and sells them directly to consumers. The store operates under its own brand name and has obtained the necessary reseller's license.
Example 2: A clothing retailer buys apparel from various brands and sells them in a bundled offer, such as a shirt and pants set, under its own brand. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Reseller License Requirements
California
Requires a seller's permit for sales tax purposes.
Texas
Requires a sales and use tax permit.
New York
Requires a resale certificate for tax-exempt purchases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Wholesaler
A business that sells products in bulk to retailers.
Wholesalers typically sell to resellers, not directly to end users.
Distributor
An entity that supplies products to retailers or resellers.
Distributors often have exclusive rights to sell certain products in specific areas.
Common misunderstandings
What to do if this term applies to you
If you are considering becoming a reseller, follow these steps:
Research the products you wish to sell and identify potential suppliers.
Obtain any necessary licenses or permits required in your state.
Review any agreements or contracts with manufacturers to understand your rights and obligations.
Consider using US Legal Forms for templates and legal documents to help you start your reseller business.
If your situation is complex, consulting a legal professional may be beneficial.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Possible penalties: May include fines for selling without a license or violating pricing agreements.
Key takeaways
Frequently asked questions
A reseller can sell products under their own brand or name, while a retailer typically sells products directly to consumers without altering the brand.
Yes, in many cases, you will need a reseller's license or permit to sell certain products legally.
Yes, many resellers operate online stores to reach a broader audience.