reglab/housing_qa huggingface dataset:
AK Stat § 45.02.402 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 4. Title, Creditors, and Good Faith Purchasers.|Sec. 45.02.402. Rights of seller's creditors against sold goods.

(a) Except as provided in (b) and (c) of this section, rights of unsecured creditors of the seller with respect to goods that have been identified to a contract for sale are subject to the buyer's rights to recover the goods under AS 45.02.502 and 45.02.716. (b) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are located, except that retention of possession in good faith and current course of trade by a merchant seller for a commercially reasonable time after a sale or identification is not fraudulent. (c) Nothing in this chapter may be considered to impair the rights of creditors of the seller (1) under the provisions of AS 45.29; or (2) if identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security, or the like and is made under circumstances that under any rule of law of the state where the goods are located would, apart from this chapter, constitute the transaction of a fraudulent transfer or voidable preference.
AK Stat § 45.02.403 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 4. Title, Creditors, and Good Faith Purchasers.|Sec. 45.02.403. Power to transfer; good faith purchase of goods; “entrusting.”

(a) A purchaser of goods acquires all title that the transferor had or had power to transfer, except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase, the purchaser has such power even though (1) the transferor was deceived as to the identity of the purchaser; (2) the delivery was in exchange for a check that was later dishonored; (3) it was agreed that the transaction was to be a “cash sale”; or (4) the delivery was procured through fraud punishable as larcenous under the criminal law. (b) An entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business. (c) “Entrusting” includes a delivery and an acquiescence in retention of possession regardless of a condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods is larcenous under the criminal law. (d) The rights of other purchasers of goods and of lien creditors are governed by AS 45.07 and AS 45.29.
AK Stat § 45.02.501 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.501. Insurable interest in goods; manner of identification of goods.

(a) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and the buyer has an option to return or reject them. Identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs (1) when the contract is made if it is for the sale of goods already existing and identified; (2) if the contract is for the sale of future goods other than those described in (3) of this subsection, when goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers; (3) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within 12 months after contracting or for the sale of crops to be harvested within 12 months or the next normal harvest season after contracting, whichever is longer. (b) The seller retains an insurable interest in the goods as long as title to or a security interest in the goods remains in the seller and, if the identification is by the seller alone, the seller may, until default or insolvency or notification to the buyer that the identification is final, substitute other goods for those identified. (c) Nothing in this section impairs an insurable interest recognized under another statute or rule of law.
AK Stat § 45.02.502 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.

(a) Subject to (b) and (c) of this section and even though the goods have not been shipped, a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of AS 45.02.501 may, on making and keeping good a tender of an unpaid portion of their price, recover them from the seller if (1) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or (2) in all cases, the seller becomes insolvent within 10 days after receipt of the first installment on their price. (b) The buyer's right to recover the goods under (a)(1) of this section vests upon acquisition of a special property even if the seller had not then repudiated or failed to deliver. (c) If the identification creating the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.
AK Stat § 45.02.503 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.503. Manner of seller's tender of delivery.

(a) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable the buyer to take delivery. The manner, time, and place for tender are determined by the agreement and this chapter, and, in particular, (1) tender must be at a reasonable hour and, if it is of goods, they must be kept available for the period reasonably necessary to enable the buyer to take possession; but (2) unless otherwise agreed, the buyer must furnish facilities reasonably suited to the receipt of the goods. (b) If the case is within AS 45.02.504 respecting shipment, tender requires that the seller comply with its provisions. (c) If the seller is required to deliver at a particular destination, tender requires that the seller comply with (a) of this section and also in an appropriate case tender documents as described in (d) and (e) of this section. (d) If goods are in the possession of a bailee and are to be delivered without being moved, (1) tender requires that the seller either tender a negotiable document of title covering the goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (2) tender to the buyer of a nonnegotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and, except as otherwise provided in AS 45.29, receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of a failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender. (e) If the contract requires the seller to deliver documents, (1) the seller must tender all such documents in correct form except as provided in AS 45.02.323(b) with respect to bills of lading in a set; and (2) tender through customary banking channels is sufficient, and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
AK Stat § 45.02.504 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.504. Shipment by seller.

(a) If the seller is required or authorized to send the goods to the buyer and the contract does not require the seller to deliver them at a particular destination, then, unless otherwise agreed, the seller must (1) put the goods in the possession of such a carrier and make such a contract for their transportation as is reasonable, having regard to the nature of the goods and other circumstances of the case; (2) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and (3) promptly notify the buyer of the shipment. (b) Failure to notify the buyer under (a)(3) of this section or to make a proper contract under (a)(1) of this section is a ground for rejection only if material delay or loss ensues.
AK Stat § 45.02.505 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.505. Seller's shipment under reservation.

(a) If the seller has identified goods to the contract by or before shipment, (1) the seller's procurement of a negotiable bill of lading to the seller's order or otherwise reserves in the seller a security interest in the goods; the seller's procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named; (2) a nonnegotiable bill of lading to the seller or the nominee of the seller reserves possession of the goods as security, but, except in a case of conditional delivery (AS 45.02.507(b)), a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. (b) If shipment by the seller with reservation of a security interest is in violation of the contract for sale, it constitutes an improper contract for transportation within AS 45.02.504 but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.
AK Stat § 45.02.506 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.506. Rights of financing agency.

(a) A financing agency by paying or purchasing for value a draft that relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and a document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer. (b) The right to reimbursement of a financing agency that has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to a relevant document that was apparently regular.
AK Stat § 45.02.507 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.507. Effect of seller's tender; delivery on condition.

(a) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to the buyer's duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (b) If payment is due and demanded on the delivery to the buyer of goods or documents of title, the buyer's right as against the seller to retain or dispose of them is conditional upon the buyer's making the payment due.
AK Stat § 45.02.508 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.508. Cure by seller of improper tender or delivery; replacement.

(a) If a tender or delivery by the seller is rejected because nonconforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of the intent of the seller to cure and may then, within the contract time, make a conforming delivery. (b) If the buyer rejects a nonconforming tender that the seller had reasonable grounds to believe would be acceptable with or without money allowance, the seller may, if the seller seasonably notified the buyer, have a further reasonable time to substitute a conforming tender.
AK Stat § 45.02.509 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.509. Risk of loss in the absence of breach.

(a) Where the contract requires or authorizes the seller to ship the goods by carrier, (1) if it does not require the seller to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (AS 45.02.505); but (2) if it does require the seller to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery. (b) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer (1) on the buyer's receipt of possession or control of a negotiable document of title covering the goods; (2) on acknowledgment by the bailee of the buyer's right to possession of the goods; or (3) after the buyer's receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in AS 45.02.503(d)(2). (c) In any case not within (a) or (b) of this section, the risk of loss passes to the buyer on the buyer's receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery. (d) This section is subject to contrary agreement of the parties and to the provisions on sale on approval (AS 45.02.327), and on effect of breach on risk of loss (AS 45.02.510).
AK Stat § 45.02.510 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.510. Effect of breach on risk of loss.

(a) If a tender or delivery of goods so fails to conform to the contract as to give a right of rejection, the risk of their loss remains on the seller until cure or acceptance. (b) If the buyer rightfully revokes acceptance, the buyer may, to the extent of a deficiency in the buyer's effective insurance coverage, treat the risk of loss as having rested on the seller from the beginning. (c) If the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to the buyer, the seller may, to the extent of a deficiency in the seller's effective insurance coverage, treat the risk of loss as resting on the buyer for a commercially reasonable time.
AK Stat § 45.02.511 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.511. Tender of payment by buyer; payment by check.

(a) Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender and complete a delivery. (b) Tender of payment is sufficient when made by a means or in a manner current in the ordinary course of business unless the seller demands payment in legal tender and gives an extension of time reasonably necessary to procure it. (c) Subject to the provisions of the code on the effect of an instrument on an obligation (AS 45.03.310), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.
AK Stat § 45.02.512 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.512. Payment by buyer before inspection.

(a) If the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless (1) the nonconformity appears without inspection; or (2) despite tender of the required documents, the circumstances would justify injunction against honor under AS 45.05.109(b). (b) Payment under (a) of this section does not constitute an acceptance of goods or impair the buyer's right to inspect or any of the buyer's remedies.
AK Stat § 45.02.513 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.513. Buyer's right to inspection of goods.

(a) Unless otherwise agreed and subject to (c) of this section, if goods are tendered, delivered or identified to the contract for sale, the buyer may before payment or acceptance inspect them at a reasonable place and time and in a reasonable manner. If the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (b) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected. (c) Unless otherwise agreed and subject to the provisions on C.I.F. contracts (AS 45.02.321), the buyer is not entitled to inspect the goods before payment of the price if the contract provides (1) for delivery “C.O.D.” or on other like terms; or (2) for payment against documents of title, except where the payment is due only after the goods are to become available for inspection. (d) A place or method of inspection fixed by the parties is presumed to be exclusive but, unless otherwise expressly agreed, it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection is as provided in this section unless the place or method fixed was clearly intended as an indispensable condition, failure of which avoids the contract.
AK Stat § 45.02.514 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.514. When documents deliverable on acceptance; when on payment.

Unless otherwise agreed, documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.
AK Stat § 45.02.515 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 5. Performance.|Sec. 45.02.515. Preserving evidence of goods in dispute.

In furtherance of the adjustment of a claim or dispute, (1) either party, on reasonable notification to the other and to ascertain the facts and preserve evidence, may inspect, test, and sample the goods, including the goods in the possession or control of the other; and (2) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in a subsequent litigation or adjustment.
AK Stat § 45.02.601 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.601. Buyer's rights on improper delivery.

Subject to the provisions on breach in installment contracts (AS 45.02.612) and unless otherwise agreed under the sections on contractual limitations of remedy (AS 45.02.718 and 45.02.719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (1) reject the whole; (2) accept the whole; or (3) accept any commercial unit and reject the rest.
AK Stat § 45.02.602 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.602. Manner and effect of rightful rejection.

(a) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (b) Subject to the provisions of AS 45.02.603 and 45.02.604 on rejected goods, (1) after rejection, an exercise of ownership by the buyer with respect to a commercial unit is wrongful as against the seller; and (2) if the buyer has, before rejection, taken physical possession of goods in which the buyer does not have a security interest under AS 45.02.711(c), the buyer is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but (3) the buyer has no further obligations with regard to goods rightfully rejected. (c) The seller's rights with respect to goods wrongfully rejected are governed by the provisions on seller's remedies in general (AS 45.02.703).
AK Stat § 45.02.603 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.603. Merchant buyer's duties as to rightfully rejected goods.

(a) Subject to a security interest in the buyer (AS 45.02.711(c)), if the seller has no agent or place of business at the market of rejection, a merchant buyer is under a duty after rejection of goods in the buyer's possession or control to follow reasonable instructions received from the seller with respect to the goods and, in the absence of the instructions, to make reasonable efforts to sell them for the seller's account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming. (b) If the buyer sells goods under (a) of this section, the buyer is entitled to reimbursement from the seller, or out of the proceeds, for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding 10 percent on the gross proceeds. (c) In complying with this section, the buyer is held only to good faith, and good faith conduct here is not acceptance, conversion, or the basis of an action for damages.
AK Stat § 45.02.604 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.604. Buyer's options as to salvage of rightfully rejected goods.

Subject to the provisions of AS 45.02.603 on perishables, if the seller gives no instructions within a reasonable time after notification of rejection, the buyer may store the rejected goods for the seller's account or reship them to the seller or resell them for the seller's account with reimbursement as provided in AS 45.02.603. This action is not acceptance or conversion.
AK Stat § 45.02.605 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 02. Sales|Article 6. Breach, Repudiation, and Excuse.|Sec. 45.02.605. Waiver of buyer's objections by failure to particularize.

(a) The buyer's failure to state in connection with rejection a particular defect that is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach (1) if the seller could have cured it if stated seasonably; or (2) between merchants if the seller has, after rejection, made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely. (b) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents.