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A Seller's right to cure does not mean that the Seller must cure any defects uncovered during a home inspection. Rather, a Seller's right to cure means that the Seller simply has the option to cure a defect once the Buyer notifies the Seller that there are defects to which the Buyer objects.
Seller shall have five (5) days after receipt of a Defects Notice to notify Buyer (Seller's Title Response) of its intent to correct the defects in the Title Report or the Survey objected to by Buyer.
The Seller's Primary Obligation Under the UCC, a seller's primary obligation is "tender of delivery." In other words, delivering the goods to the buyer. In some cases, tender of delivery will involve the seller shipping or otherwise transporting goods to the buyer.
Merchant- The risk of loss passes to the buyer when the goods are received. When documents that can transfer title, or ownership, represent existing, identified goods, the buyer has property interest, but not title, and an insurable interest in such goods at the time and place of contacting for their sale.
According to the UCC, if the goods as tendered "fail in any respect to conform to the contract," the buyer has various options, including rejecting the goods. If a buyer wants to reject goods because they do not conform to the contract, the rejection must occur before the buyer accepts the goods.
(3)fffdfffdfffdfffd Recover Damages for Accepted Goods: A buyer who accepts nonconforming goods may keep the goods and, after reasonable notice to the seller of the defects in the goods and/or the manner of tender, sue for the difference between the value of the goods as accepted and their value as promised in the contract.
The Right to Cure Defined. The legal right to cure is essentially a principle found in contract law that allows one party in a contract, who has defaulted under a contract provision, to remedy their default by taking steps to ensure compliance or otherwise, cure the default.
A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
A key section of the UCC gives a seller the right to cure goods delivered to a buyer that are defective or non-conforming. In other words, if a seller delivers goods that don't match the contract, and the buyer rejects those goods, the UCC gives the seller an opportunity to fix the problem.
Rejection of non conforming goods should be made by a buyer in a reasonable time after the goods are delivered. If the goods are non conforming and the buyer has rejected the goods, the buyer has no liability to pay for the goods.