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Is the UCC only for merchants?

Sacramento, CA |

Does it only apply to contracts made between two merchants?

Attorney Answers 3

Posted

The UCC applies to contracts of the sale of good between two parties in a commercial context, generally where at least one of the party is a merchant. Both parties do not need to be a merchant for the UCC apply. Note that the UCC does not apply to service, real estate or employment contracts. Thus, additional facts to those given would be needed to assess whether the UCC would apply in any particular scenario.

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Posted

The general law school answer is that it is for sale of goods between merchants. (I really, really hope this is not homework!) See the Article 2, 100 series (2-102, 2-103 etc.) to find the techinical definitions of what is and is not covered.

As a practical matter, many judges will apply general UCC principles to contract matters of all sorts.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

I concur with my colleagues regarding the UCC. If you want additional information as to its use, you will need to furnish specific additional information which was not provided by you.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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