reglab/housing_qa huggingface dataset:
NJ Rev Stat § 12A:2-403 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-403 - Power to transfer; good faith purchase of goods; "entrusting"

12A:2-403. Power to transfer; good faith purchase of goods; "entrusting"  12A:2-403. Power to transfer; good faith purchase of goods; "entrusting". (1) A purchaser of goods acquires all title which 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 this power even though  (a) the transferor was deceived as to the identity of the purchaser, or (b) the delivery was in exchange for a check which is later dishonored, or (c) it was agreed that the transaction was to be a "cash sale", or (d) the delivery was procured through fraud punishable under the criminal law.  (2) Any 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.  (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any 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 have been such as to be theft under the criminal law.  (4) The rights of other purchasers of goods and of lien creditors are governed by the Chapters on Secured Transactions (Chapter 9) and Documents of Title (Chapter 7).  L.1961, c.120, s.2-403; amended 1994,c.114,s.5.
NJ Rev Stat § 12A:2-501 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-501 - Insurable interest in goods; manner of identification of goods

12A:2-501. Insurable interest in goods; manner of identification of goods  (1) 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 non-conforming and he has an option to return or reject them. Such 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 (a) when the contract is made if it is for the sale of goods already existing and identified; (b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers; (c) 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 twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer. (2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified. (3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law. L.1961, c. 120, s. 2-501.
NJ Rev Stat § 12A:2-502 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-502 - Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency

12A:2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency  12A:2-502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency. (1) Subject to subsections (2) and (3) 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 he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if: (a) 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 (b) in all cases, the seller becomes insolvent within ten days after receipt of the first installment on their price. (2) The buyer's right to recover the goods under subsection (1)(a) of this section vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver. (3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale. L.1961, c.120, s.2-502; amended 2001, c.117, s.8.
NJ Rev Stat § 12A:2-503 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-503 - Manner of seller's tender of delivery.

12A:2-503 Manner of seller's tender of delivery.  12A:2-503. Manner of seller's tender of delivery. (1) 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 him to take delivery. The manner, time and place for tender are determined by the agreement and this Chapter, and in particular (a) 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 (b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions. (3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section. (4) Where goods are in the possession of a bailee and are to be delivered without being moved (a) tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (b) tender to the buyer of a non-negotiable 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 Chapter 9 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 any failure by the bailee to honor the non-negotiable 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. (5) Where the contract requires the seller to deliver documents (a) he must tender all such documents in correct form, except as provided in this Chapter with respect to bills of lading in a set (subsection (2) of 12A:2-323); and (b) tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes non-acceptance or rejection. amended 2013, c.65, s.36.
NJ Rev Stat § 12A:2-504 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-504 - Shipment by seller

12A:2-504. Shipment by seller  Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must (a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and (b) 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 (c) promptly notify the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues. L.1961, c. 120, s. 2-504.
NJ Rev Stat § 12A:2-505 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-505 - Seller's shipment under reservation.

12A:2-505 Seller's shipment under reservation.  12A:2-505. Seller's shipment under reservation. (1) Where the seller has identified goods to the contract by or before shipment: (a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His 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. (b) a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of 12A:2-507) a non-negotiable 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. (2) When 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 the preceding section 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. amended 2013, c.65, s.37.
NJ Rev Stat § 12A:2-506 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-506 - Rights of financing agency.

12A:2-506 Rights of financing agency.  12A:2-506. Rights of financing agency. (1) A financing agency by paying or purchasing for value a draft which 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 any 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. (2) The right to reimbursement of a financing agency which 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 any relevant document which was apparently regular. amended 2013, c.65, s.38.
NJ Rev Stat § 12A:2-507 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-507 - Effect of seller's tender; delivery on condition

12A:2-507. Effect of seller's tender; delivery on condition  (1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due. L.1961, c. 120, s. 2-507.
NJ Rev Stat § 12A:2-508 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-508 - Cure by seller of improper tender or delivery; replacement

12A:2-508. Cure by seller of improper tender or delivery; replacement  (1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender. L.1961, c. 120, s. 2-508.
NJ Rev Stat § 12A:2-509 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-509 - Risk of loss in the absence of breach.

12A:2-509 Risk of loss in the absence of breach.  12A:2-509. Risk of loss in the absence of breach. (1) Where the contract requires or authorizes the seller to ship the goods by carrier (a) if it does not require him 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 (12A:2-505); but (b) if it does require him 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. (2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer (a) on his receipt of possession or control of a negotiable document of title covering the goods; or (b) on acknowledgement by the bailee of the buyer's right to possession of the goods; or (c) after his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of 12A:2-503. (3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery. (4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Chapter on sale on approval (12A:2-327) and on effect of breach on risk of loss (12A:2-510). amended 2013, c.65, s.39.
NJ Rev Stat § 12A:2-510 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-510 - Effect of breach on risk of loss

12A:2-510. Effect of breach on risk of loss  (1) Where 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. (2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning. (3) Where 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 him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time. L.1961, c. 120, s. 2-510.
NJ Rev Stat § 12A:2-511 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-511 - Tender of payment by buyer; payment by check.

12A:2-511. Tender of payment by buyer; payment by check.  (1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery.  (2) Tender of Payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.  (3) Subject to the provisions of this Act on the effect of an instrument on an obligation (12A:3-310), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.  L.1961, c.120, s.2-511; amended 1995,c.28,s.6.
NJ Rev Stat § 12A:2-512 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-512 - Payment by buyer before inspection; exceptions.

12A:2-512 Payment by buyer before inspection; exceptions.  12A:2-512. (1) Where the contract requires payment before inspection, non-conformity of the goods does not excuse the buyer from so making payment unless (a) the non-conformity appears without inspection; or (b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of subsection b. of 12A:5-109. (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies. L.1961, c.120, s.2-512; amended 1997, c.395, s.3.
NJ Rev Stat § 12A:2-513 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-513 - Buyer's right to inspection of goods

12A:2-513. Buyer's right to inspection of goods  (1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (2) 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. (3) Unless otherwise agreed and subject to the provisions of this Chapter on C.I.F. contracts (subsection (3) of 12A:2-321), the buyer is not entitled to inspect the goods before payment of the price when the contract provides (a) for delivery "C.O.D." or on other like terms; or (b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection. (4) 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 shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract. L.1961, c. 120, s. 2-513.
NJ Rev Stat § 12A:2-514 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-514 - When documents deliverable on acceptance; when on payment

12A:2-514. 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. L.1961, c. 120, s. 2-514.
NJ Rev Stat § 12A:2-515 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-515 - Preserving evidence of goods in dispute

12A:2-515. Preserving evidence of goods in dispute  In furtherance of the adjustment of any claim or dispute (a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and (b) 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 any subsequent litigation or adjustment. L.1961, c. 120, s. 2-515.
NJ Rev Stat § 12A:2-601 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-601 - Buyer's rights on improper delivery

12A:2-601. Buyer's rights on improper delivery  Subject to the provisions of this Chapter on breach in installment contracts (12A:2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (12A:2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest. L.1961, c. 120, s. 2-601.
NJ Rev Stat § 12A:2-602 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-602 - Manner and effect of rightful rejection

12A:2-602. Manner and effect of rightful rejection  (1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (2) Subject to the provisions of the two following sections on rejected goods (12A:2-603 and 2-604), (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Chapter (subsection (3) of 12A:2-711), he 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 (c) the buyer has no further obligations with regard to goods rightfully rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this Chapter on Seller's remedies in general (12A:2-703). L.1961, c. 120, s. 2-602.
NJ Rev Stat § 12A:2-603 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-603 - Merchant buyer's duties as to rightfully rejected goods

12A:2-603. Merchant buyer's duties as to rightfully rejected goods  (1) Subject to any security interest in the buyer (subsection (3) of 12A:2-711), when 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 his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such 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. (2) When the buyer sells goods under subsection (1), he 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 ten per cent on the gross proceeds. (3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages. L.1961, c. 120, s. 2-603.
NJ Rev Stat § 12A:2-604 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-604 - Buyer's options as to salvage of rightfully rejected goods

12A:2-604. Buyer's options as to salvage of rightfully rejected goods  Subject to the provisions of the immediately preceding section 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 him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion. L.1961, c. 120, s. 2-604.
NJ Rev Stat § 12A:2-605 (2021)
2021 New Jersey Revised Statutes|Title 12A - Commercial Transactions|Section 12A:2-605 - Waiver of buyer's objections by failure to particularize.

12A:2-605 Waiver of buyer's objections by failure to particularize.  12A:2-605. Waiver of buyer's objections by failure to particularize. (1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach (a) where the seller could have cured it if stated seasonably; or (b) between merchants when 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. (2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent in the documents. amended 2013, c.65, s.40.