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The rejection must be made within a reasonable time after delivery or tender. Once it is made, the buyer may not act as the owner of the goods. If he has taken possession of the goods before he rejects them, he must hold them with reasonable care to permit the seller to remove them.
The most common material breach by buyers in real estate contracts is failing to follow through with a closing and not actually paying for and taking possession of the property as agreed to in the contract. When a buyer breaches a real estate contract, the seller may be entitled to monetary damages.
CancelA Seller may cancel a contract when a buyer has wrongfully rejected acceptance of the goods, failed to make payment due on or before delivery, or repudiated the contract.
Rejection and a Buyer's Duties after Rejection Under UCC, Section 2-601(a), rejection is allowed if the seller fails to make a perfect tender. The rejection must be made within a reasonable time after delivery or tender. Once it is made, the buyer may not act as the owner of the goods.
(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less
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.
Under Article 2, if the goods 'fail in any respect to conform to the contract,' then the buyer can reject the goods. Rejection simply means that the buyer refuses, or doesn't keep, the goods.
UCC § 2-608 provides that after a buyer has accepted goods, the acceptance may be revoked under the following circumstances: "(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its
(6) Recover Damages: If the seller repudiates a contract or wrongfully refuses to deliver conforming goods, the buyer can sue to recover the difference between the contract price and the fair market price of the goods (at the time that the buyer learned of the breach), plus incidental and consequential damages, less
If the seller/lesser refuses to deliver the goods or the buyer/lessee has rightfully rejected the goods, the buyer/lessee can cancel (rescind) the contract, obtain goods that have been paid for if the seller or lesser is insolvent, sue to obtain specific performance if the goods are unique or damages are an inadequate