Does Article 2 Treat Merchants The Same As Non-Merchants?
No. Article 2 distinguishes between merchants and nonmerchants. In most situations, the U.C.C. holds merchants to a higher standard. Under the U.C.C., a merchant is one who regularly deals in goods of the kind. For example, if your neighbor sells his car through an advertisement in the classifieds, he or she would not be considered a merchant. However, if your neighbor sells a car every week through the classifieds, for purposes of the U.C.C., your neighbor may be a merchant because he or she regularly deals in goods of the kind. Any store that sells merchandise will generally be considered a merchant under the U.C.C. For example, the computer store on the corner, the grocery store in your neighborhood, and all major retailers would be considered a merchant under Article 2.
Other UCC Filing FAQs
-
Q:
What Is The U.C.C.?
A: The U.C.C. stands for the Uniform Commercial Code. The laws concerning commercial and private transactions for the sale and leasing of goods developed out of the … More -
Q:
What Is Article 2 Of The U.C.C.?
A: Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article two only covers the sale of goods. This is important to keep in mind. Goods … More -
Q:
Are There Fundamental Principles That Article 2 Always Applies?
A: Yes. Certain fundamental principles apply to the sale of all goods. Failure to adhere to the fundamental principles may take the transaction outside of the protection … More -
Q:
What Is An Express Warranty?
A: Any affirmation of fact or promise (or description of the goods) made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain … More -
Q:
What is an Implied Warranty of Merchantability?
A: In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary … More -
Q:
What Is The Implied Warranty Of Fitness For A Particular Purpose?
A: This is a warranty that is created when you seek and rely upon the expertise and advice of a sales associate in buying an item. To establish an implied warranty for a … More -
Q:
Disclaimer Or Limitation Of Implied Warranties
A: Sellers of consumer products who make service contracts on their products are prohibited under the Act from disclaiming or limiting implied warranties. (Remember also … More -
Q:
Disclaimer Or Modification Of Implied Warranties
A: The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written … More -
Q:
Do Used Cars Come With A Warranty?
A: In general, yes. State laws hold dealers responsible if cars they sell don`t meet reasonable quality standards. These obligations are called implied … More -
Q:
What Should I Do If The Product I Bought Has A Warranty, And Does Not Work?
A: You should first go back to the retailer and ask for an exchange of goods or for your money back. If the retailer refuses to do either, and there is no disclaimer of … More
