Sale of Goods

Sale of Goods (Uniform Commercial Code)

The Texas Uniform Commercial Code applies to most sales transactions.  It allows a consumer to revoke acceptance of a defective vehicle or any other consumer good or product.  In order to prevail, a consumer needs to prove that the defendant placed a certain product into the stream of commerce and made representations about the quality and characteristics of the product in the following ways:  1) by affirmation of fact; 2) by promise; 3) by description; and 4) by display of a sample or model.  These representations will form the basis of the bargain; the reason why the consumer decided to purchase the item.

By making these representations, the manufacturer or retailer is warranting that the goods or product will conform to these representations.  If not, you may have a claim for breach of warranty under the UCC.

The UCC is also another alternative in which a consumer may bring a claim against a vehicle manufacturer or a vehicle retail dealer for the delivery of a defective vehicle, or one that did not conform to the promises made in advertising the vehicle.

If you have purchased a consumer product and feel that the seller mislead you into believing that the product was something that it was not, please call our office to discuss your rights.