Legal Question in Business Law in Nevada

buisness law

I made a verbal agreement to purchase a used piece of equipment as is. The seller delivered the equipment and then invoiced me for a higher amount. I do not wish to pay the additional amount and intend to return the equipment. Am I legally bound to purchase the equipment?


Asked on 1/16/09, 3:07 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: buisness law

The Nevada Uniform Commercial Code provisions on the sale of goods, includes a statute of frauds law, which reads:

NRS 104.2201 Formal requirements; statute of frauds.

1. Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

2. Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection 1 against such party unless written notice of objection to its contents is given within 10 days after it is received.

3. A contract which does not satisfy the requirements of subsection 1 but which is valid in other respects is enforceable:

(a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller�s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

(b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

(c) With respect to goods for which payment has been made and accepted or which have been received and accepted (NRS 104.2606).

(Added to NRS by 1965, 787)

Your attorney can explain further.

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Answered on 1/16/09, 5:00 pm
James Smith James E. Smith Ltd.

Re: buisness law

If the invoice is higher than your verbal agreement it is a counteroffer which you can accept or reject. However, if the invoice is a mistake then you are bound by the verbal agreement you made with the seller.

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Answered on 1/16/09, 6:56 pm


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