Montana Notice to Buyer Repudiating the Existence of an Oral Sales Agreement

State:
Multi-State
Control #:
US-02294BG
Format:
Word
Instant download

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

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

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, element of consideration can be satisfied by a valid substitute.

If you're backing out of an offer without a contingency, you risk losing your earnest money. Since you put that money down based on the promise you'll follow through with the contract, backing out for any reason that's not outlined in the agreement means the seller is legally permitted to keep your money.

The Statute of Frauds can be satisfied by any signed writing that (1) reasonably identifies the subject matter of the contract, (2) is sufficient to indicate that a contract exists, and (3) states with reasonable certainty the material terms of the contract.

The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction.

For a contract to be valid, it must have four key elements: agreement, capacity, consideration, and intention. Keep these elements in mind to ensure that your agreements are always protected.

The Statute of Frauds can be satisfied by any signed writing that (1) reasonably identifies the subject matter of the contract, (2) is sufficient to indicate that a contract exists, and (3) states with reasonable certainty the material terms of the contract.

Ask for a mutual rescission. Once you form a valid contract, the contract binds you to its terms. You can, however, ask the other party to the contract whether you can both discharge your performance under the contract. You can mutually rescind the contract only if both parties expressly agree to do so.

At this point, you should be able to explain and apply the statute of frauds under § 2-201, in particular that: (i) it applies to contracts for the sale of goods of $500 or more; (ii) when applicable, it requires a writing signed by the party against whom enforcement is sought; and (iii) the writing is sufficient to

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Montana Notice to Buyer Repudiating the Existence of an Oral Sales Agreement