South Carolina Notice by Seller to Buyer of Intention to Cure Improper Tender of Goods
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How to fill out Notice By Seller To Buyer Of Intention To Cure Improper Tender Of Goods?
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FAQ
Suit for specific performance- When the goods are specific or ascertained, a buyer may sue the seller for specific performance of the contract and compel him to deliver the same goods.
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.
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 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.
These are:Suit for Damages for Non-Delivery- When the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.Suit for price- Where the buyer has paid the price and the goods are not delivered to him, he can recover the amount paid.More items...
(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
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.
When a seller breaches a contract, the buyer can seek remedies like money damages and specific performance, meaning a forced sale of the property or rescission of the contract. If parties cannot agree who should get the contract deposit, they must litigate the issue in court or take it to arbitration or mediation.
(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
Buyer's RemediesCancel the contract.Recover the price paid for undelivered goods.Cover, or buy replacement goods.Recover damages for the difference in price.Recover damages based on current market price.Obtain specific performance for unique goods.
