Quote:
Originally Posted by egbeachley
Good discussion thus far.
I know there is a contract upon the sale, even if it's verbal, but I think the UCC Code is referencing a real written contract with terms and such. That's why I believe the merchant contract applies. And any seller can be considered a merchant in this case.
I agree with the premise that most people are honest and that "common sense" doesn't mean legal. But there is just no way, in my opinion, that we just discovered a legal loophole where informal sales can be an easy source of a scam of this magnitude.
Just to be clear, I don't think there was anything nefarious going on here between the buyer and seller.
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It's not oral. You meant oral, not verbal, presumably. It's most likely evidenced either by a winning ebay bid, and subsequent invoice and payment, or by an email exchange setting out the main terms, and a paypal or check payment. Anyhow, if you think you can read a UCC provision better than I can, based on what you "think" it's referencing, so be it. You're wrong there too by the way the UCC applies to oral contracts; certain ones need to be in writing to be enforced but that wouldn't apply here anyhow because there has been performance. If you're interested though, read up on the statute of frauds.