California Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement

State:
Multi-State
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US-02293BG
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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. A contract for the sale of goods may be oral or written. In some cases, it must be evidenced by a writing or it cannot be enforced in court. Under the UCC, contracts for the sale of goods where the price equals $500.00 or more (with some exceptions) fall under the statute of frauds of Article 2. 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.


When the transaction is between merchants, an exception is made to the requirement of signing. The failure of a merchant to repudiate a confirming letter sent by another merchant within ten days of receiving such a letter binds the merchant who did not sign just as he had signed the letter.

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FAQ

In California, the Statute of Frauds governs which contracts must be in writing and which contracts are valid as oral agreements. Under this law, any contract used to purchase or sell land must be in writing. In addition, any property lease lasting for more than one year must also be in writing.

Can you sell a house as is in California? Yes, not only you can sell a house as is in the State of California but doing so can also benefit you and the buyer ? by saving both time and expense.

There is no provision of California law that lets a home buyer unilaterally cancel the contract within 17 days. as the date by which the buyer either removes the loan contingency or cancels the agreement.

What does ?as is? mean? The legal term ?as is? in a written contract means that the buyer must be willing to accept the home in its current condition. If you are the buyer, this means that you forgo the opportunity to ask the seller to make any repairs or reduce the price based on problems the property may have.

PURCHASER EXPRESSLY AGREES THAT THE PROPERTY IS OR WILL BE SOLD ?AS IS, WHERE IS, WITH ALL FAULTS?, WITHOUT ANY WARRANTY OR REPRESENTATION, EX- PRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIM- ITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ...

The purpose of an "as is" clause is to force the buyer to rely upon its own investigation, rather than upon the seller's representations, in determining whether or not to purchase the property.

With an ?as-is? provision, sellers are protected from liability for defects in the property that the buyer visibly observes. Sellers still, however, have a duty under California law to disclose any known defects in the property.

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California Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement