Delaware Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity

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Multi-State
Control #:
US-02883BG
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Description

Section 2-504 of the Uniform Commercial Code provides in part as follows:


Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must


" Put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

" Obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

" promptly notify the buyer of the shipment.

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FAQ

Uniform Commercial Code Overview The UCC (Uniform Commercial Code) says if a seller supplies non-conforming goods, the buyer can accept or refuse to accept all the goods, or accept some while rejecting some.

The Delaware Uniform Common Interest Ownership Act (the DUCIOA) The Delaware Uniform Common Interest Ownership Act, or DUCIOA authorizes and governs many requirements and options for common interest communities.

(11) ?Common interest community? means real estate described in a declaration with respect to which a person, by virtue of that person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of or services or other expenses related to common elements, ...

The Delaware Uniform Common Interest Ownership Act applies to condominiums, cooperatives, planned unit communities, and timeshares. A condominium is real estate with sections identified for separate ownership (unit) and the remaining property dedicated to common elements with undivided interests by the unit owners.

Acceptance of non-conforming goods can occur in the following circumstances: (1) the buyer, aware of the problems, nonetheless accepts and waives the problem; (2) the buyer, after a reasonable opportunity to inspect the items, fails to reject the property; or (3) the buyer acts in a way with the property that is ...

Unless the purchaser is given the resale certificate before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within 5 calendar days after first receiving the resale certificate.

If a buyer or lessee repudiates a contract or wrongfully refuses to accept the goods, the amount of damages is usually the difference between the contract price and the market price (at the time and place of tender), plus incidental damages .

Delaware Uniform Common Interest Ownership Act ("DUCIOA"), codified in Chapter 81 of Title 25 of the Delaware Code, governs all common interest communities (planned communities, condominiums, cooperatives, and subdivisions) created after September 30, 2009, unless otherwise exempted.

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Delaware Notice by Buyer of Rejection of Goods Based on Obvious Nonconformity