reglab/housing_qa huggingface dataset:
NJ Rev Stat § 12A:2A-220 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-220 - Effect of default on risk of loss

12A:2A-220. Effect of default on risk of loss  12A:2A-220. Effect of default on risk of loss. (1) Where risk of loss is to pass to the lessee and the time of passage is not stated:  (a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.  (b) If the lessee rightfully revokes acceptance, the lessee, to the extent of any deficiency in the lessee's effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.  (2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in the lessor's or supplier's effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-221 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-221 - Casualty to identified goods

12A:2A-221. Casualty to identified goods  12A:2A-221. Casualty to identified goods. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or 12A:2A-219, then:  (1) if the loss is total, the lease contract is avoided; and (2) if the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at the lessee's option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-301 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-301 - Enforceability of lease contract

12A:2A-301. Enforceability of lease contract  12A:2A-301. Enforceability of lease contract. Except as otherwise provided in this chapter, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-302 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-302 - Title to and possession of goods

12A:2A-302. Title to and possession of goods  12A:2A-302. Title to and possession of goods. Except as otherwise provided in this chapter, each provision of this chapter applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-304 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-304 - Subsequent lease of goods by lessor

12A:2A-304. Subsequent lease of goods by lessor  12A:2A-304. Subsequent lease of goods by lessor. (1) Subject to 12A:2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and 12A:2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:  (a) the lessor's transferor was deceived as to the identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored; (c) it was agreed that the transaction was to be a "cash sale"; or (d) the delivery was procured through theft under the criminal law. (2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract.  (3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-305 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-305 - Sale or sublease of goods by lessee

12A:2A-305. Sale or sublease of goods by lessee  12A:2A-305. Sale or sublease of goods by lessee. (1) Subject to the provisions of 12A:2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection (2) and 12A:2A-511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though:  (a) the lessor was deceived as to the identity of the lessee; (b) the delivery was in exchange for a check which is later dishonored; or (c) the delivery was procured through theft under the criminal law. (2) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.  (3) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-306 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-306 - Priority of certain liens arising by operation of law

12A:2A-306. Priority of certain liens arising by operation of law  12A:2A-306. Priority of certain liens arising by operation of law. If a person in the ordinary course of the person's business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this chapter unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-307 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-307 - Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

12A:2A-307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.  12A:2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. (1) Except as otherwise provided in 12A:2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsection (3) and in 12A:2A-306 and 12A:2A-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable. (3) Except as otherwise provided in 12A:9-317, 12A:9-321 and 12A:9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor. L.1994, c.114, s.1; amended 2001, c.117, s.12; 2001, c.386, s.132.
NJ Rev Stat § 12A:2A-308 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-308 - Special rights of creditors

12A:2A-308. Special rights of creditors  12A:2A-308. Special rights of creditors. (1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.  (2) Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, 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 (b) is made under circumstances which under any statute or rule of law apart from this chapter would constitute the transaction a fraudulent transfer or voidable preference.  (3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-310 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-310 - Lessor's and lessee's rights when goods become accessions

12A:2A-310. Lessor's and lessee's rights when goods become accessions  12A:2A-310. Lessor's and lessee's rights when goods become accessions. (1) Goods are "accessions" when they are installed in or affixed to other goods.  (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).  (3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of the interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.  (4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of  (a) a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or  (b) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.  (5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this chapter, or (b) if necessary to enforce the lessor's or lessee's other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but the lessor or lessee shall reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-311 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-311 - Priority subject to subordination

12A:2A-311. Priority subject to subordination  12A:2A-311. Priority subject to subordination. Nothing in this chapter prevents subordination by agreement by any person entitled to priority.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-401 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-401 - Insecurity: adequate assurance of performance

12A:2A-401. Insecurity: adequate assurance of performance  12A:2A-401. Insecurity: adequate assurance of performance. (1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.  (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which the insecure party has not already received the agreed return.  (3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.  (4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.  (5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-402 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-402 - Anticipatory repudiation

12A:2A-402. Anticipatory repudiation  12A:2A-402. Anticipatory repudiation. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:  (1) for a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;  (2) make demand pursuant to 12A:2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or  (3) resort to any right or remedy upon default under the lease contract or this chapter, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this chapter on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (12A:2A-524).  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-403 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-403 - Retraction of anticipatory repudiation

12A:2A-403. Retraction of anticipatory repudiation  12A:2A-403. Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.  (2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under 12A:2A-401.  (3) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-404 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-404 - Substituted performance

12A:2A-404. Substituted performance  12A:2A-404. Substituted performance. (1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted.  (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:  (a) the lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and  (b) if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-405 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-405 - Excused performance

12A:2A-405. Excused performance  12A:2A-405. Excused performance. Subject to 12A:2A-404 on substituted performance, the following rules apply: (1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subsections (2) and (3) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.  (2) If the causes mentioned in subsection (1) affect only part of the lessor's or the supplier's capacity to perform, the lessor or supplier shall allocate production and deliveries among the lessor's or supplier's customers but at the lessor's or supplier's option may include regular customers not then under contract for sale or lease as well as the lessor's or supplier's own requirements for further manufacture. The lessor or supplier may so allocate in any manner that is fair and reasonable.  (3) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under subsection (2), of the estimated quota thus made available for the lessee.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-406 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-406 - Procedure on excused performance

12A:2A-406. Procedure on excused performance  12A:2A-406. Procedure on excused performance. (1) If the lessee receives notification of a material or indefinite delay or an allocation justified under 12A:2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (12A:2A-510):  (a) terminate the lease contract (12A:2A-505(2)); or (b) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.  (2) If, after receipt of a notification from the lessor under 12A:2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-407 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-407 - Irrevocable promises: finance leases

12A:2A-407. Irrevocable promises: finance leases  12A:2A-407. Irrevocable promises: finance leases. (1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.  (2) A promise that has become irrevocable and independent under subsection (1):  (a) is effective and enforceable between the parties, and by or against third parties including assignees of the parties, and  (b) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.  (3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-501 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-501 - Default: procedure

12A:2A-501. Default: procedure  12A:2A-501. Default: procedure. (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter.  (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the lease agreement.  (3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this chapter.  (4) Except as otherwise provided in 12A:1-106(1) or this chapter or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative.  (5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this subchapter as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this subchapter does not apply.  L.1994,c.114,s.1.
NJ Rev Stat § 12A:2A-502 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2A-502 - Notice after default

12A:2A-502. Notice after default  12A:2A-502. Notice after default. Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.  L.1994,c.114,s.1.