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.
Wake North Carolina Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement is a legal document filed by a buyer in Wake County, North Carolina, disputing the confirmation of a sale previously made and denying the existence of any agreement between the buyer and the seller. This notice serves to protect the buyer's rights and interests, allowing them to challenge the confirmation of the sale and present evidence or arguments against the existence of a valid agreement. There are different types of Wake North Carolina Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement, including: 1. Specific Performance: In cases where the buyer believes there was an agreement but disputes the confirmation of the sale, a notice can be filed objecting to the sale and demanding specific performance of the alleged agreement. The buyer may argue that the seller breached the terms of the agreement, preventing the sale from being confirmed. 2. Fraud or Misrepresentation: If the buyer believes that the seller engaged in fraudulent or deceptive practices, they can file a notice objecting to the sale and denying the existence of the agreement, claiming that any purported agreement is a result of fraud or misrepresentation. 3. Lack of Capacity: In certain situations, the buyer may argue that the seller lacked the legal capacity to enter into an agreement, such as if the seller was a minor, mentally incapacitated, or acting under duress. This type of notice rejects the existence of the agreement and challenges the confirmation of the sale on grounds of incapacity. 4. Mutual Mistake: When both the buyer and seller make a significant mistake regarding a material fact of the agreement, a buyer can file a notice objecting to the sale and denying the existence of the agreement, claiming that there was a mutual mistake which renders the agreement void. 5. Unconscionably: If the buyer believes that the terms of the agreement are unfair, oppressive, or overly one-sided, they can file a notice objecting to the sale and denying the existence of the agreement based on unconscionably. This type of notice argues that the agreement is so one-sided that it should not be enforced. In any case, when filing a Wake North Carolina Notice to Buyer Objecting to Confirmation of Sale made by Buyer and Denying the Existence of an Agreement, it is important to consult with an attorney experienced in real estate law to ensure the proper legal procedure is followed and the best interests of the buyer are protected.
