District of Columbia Notice to Buyer Repudiating the Existence of an Oral Sales Agreement

State:
Multi-State
Control #:
US-02294BG
Format:
Word
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Description

The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states. Under the UCC, whenever the sales price of goods is $500 or more, the sales contract must be evidenced by a writing to be enforceable. The writing may be either a complete written contract signed by both parties or a memorandum (confirming letter) signed by the defendant.


This form is designed as a repudiating letter to set aside an oral transaction. No provision is made by the Code concerning the contents of the repudiating letter. Any statement sufficient to indicate the transaction that the party is repudiating is sufficient for purposes of the Code. The reference to the oral contract made in the repudiating letter may not be deemed an admission of the existence of that contract so as to bring the matter within the exception of Uniform Commercial Code § 2-201(3)(b). The form avoids this question of construction by not stating the quantity of goods that was the subject of the sale.

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FAQ

UCC Statute of FraudsOral contracts have long been considered to be valid and enforceable. This even includes most commercial or business contracts. The Uniform Commercial Code, or UCC, is a uniform act that covers sales and other commercial transactions.

A verbal contract is considered valid if it contain the following elements: An offer. Acceptance of the offer. Consideration or something of value that each of the parties agree to give to exchange to complete the contract.

Can an oral contract between a buyer and a seller to transfer real estate be enforced? Yes, any oral contract is legally binding.

Excuses for Non-performance: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, and Discharge for Breach.

Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract. Non-essential terms of the contract need not be settled to render an oral contract enforceable.

The excuse of impracticability excuses nonperformance or non-perfect performance (e.g., a delay in performance) only if an unforeseeable event materially changes the nature of a party's obligations under the contract.

A: No. An oral sale of real property is not void and even enforceable and binding between the parties if it had been totally or partially executed. The Statute of Frauds is inapplicable in the present case as the verbal sale between Flor and Ali had been executed.

An oral contract is a type of business contract that is outlined and agreed to via spoken communication, but not written down. Although it can be difficult to prove the terms of an oral contract in the event of a breach, this type of contract is legally binding.

Verbal agreements between two parties are just as enforceable as a written agreement, so long as they do not violate the Statute of Frauds. Like written contracts, oral ones just need to meet the requirements of a valid contract to be enforced in court.

When a party is discharged from Page 3 Excuses for Nonperformance: Conditions Following Contract Formation performing its contractual obligations under an agreement for reasons of impossibility, impracticability, or frustration of purpose due to a supervening event, the other party's contractual duties will also be

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District of Columbia Notice to Buyer Repudiating the Existence of an Oral Sales Agreement