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

State:
Multi-State
Control #:
US-02293BG
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. 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

A listing agreement is a contract between a property owner and a real estate broker that authorizes the broker to represent the seller and find a buyer for the property. The three types of real estate listing agreements are open listing, exclusive agency listing, and exclusive right-to-sell listing.

At a minimum, a listing agreement should contain a property description, state the required terms of sale, establish the scope o the broker's authority, and include a promise of compensation. An exclusive agency or exclusive right to sell listing must also have a termination date.

With Assuming the deal is not contingent on another sale, and the seller wants out in order to get a better deal or simply changes their mind, the buyer has a remedy in the form of a suit in court for specific performance, seeking a court order requiring the seller to perform as the seller originally contracted to do.

The Mississippi Real Estate Commission (MREC) administers control over the commercial real estate industry in the State of Mississippi, licensing all real estate brokers and salespersons. MREC works to assure that all real estate transactions are performed in a professional and ethical manner.

The owner agrees to sell the property through the listing broker. To put in more technical terms, the listing broker does not need to show that he or she is the "procuring cause" of the buyer. In an exclusive agency listing, much like the exclusive right to sell listing, the seller would only work with one broker.

A listing must state a definite expiration date. A listing may not contain a provision requiring the seller signing the listing to notify the broker of the intention to cancel the listing after the stated expiration date.

A safety protection clause entitles a real estate broker to a commission if a sale occurs after the listing agreement expires. This protects the broker from collusion between sellers and buyers to save the seller the cost of real estate commission.

Some states require option contracts to be recorded in the courthouse in the manner of a deed transfer; the rationale behind this is to encumber the property and ensure that the landlord is unable to sell the rental property to a third party.

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