In general, a buyer has the right to pay in any way observed in the store, unless the seller asks for a specific payment method. Unless otherwise agreed by the parties, payment must be made upon delivery of the goods to the buyer. A buyer does not have the right to inspect the goods if they are delivered on delivery or on similar terms or if the contract provides for payment prior to inspection. 8. If the contract relates to the sale of certain goods or established goods, the buyer may sue the seller for a certain performance of the contract in the event of a breach by the seller. Therefore, a hidden defect can be considered obvious if a prudent and diligent buyer could have discovered the defect through a thorough visual inspection of the property. [2] 7. If the seller delivers the goods in accordance with the contract, the buyer is obliged to accept them within a reasonable time. He is liable to the seller for all damages resulting from his refusal of acceptance. Under Article 2304(2), the buyer`s obligation to pay the price includes the obligation to accept bills of exchange, to open a credit account and to provide a bank guarantee.
If a buyer rejects non-conforming goods and cannot sell them, the buyer may confuse the goods with the seller and recover the difference between the market price of the secured goods and the value of the goods supplied. A buyer may also demand specific performance. If the seller is unable to deliver the goods as requested, the buyer may recover the money already paid for the sale plus any consequential or incidental damages resulting from the breach. The buyer has the right to inspect the goods prior to acceptance. If the goods do not conform, the buyer may accept the goods and claim from the seller the difference between the value of the goods secured and their actual value with the defects. An unscrupulous sales contract may be terminated in whole or in part by a court. A sale is unscrupulous when a person in a superior negotiating position dictates terms that are grossly unfair to the other party. A court will determine whether a sale is unscrupulous by considering the circumstances at the time the contract is concluded. Courts rarely find a lack of scruples in sales between traders, as traders are generally more demanding than non-traders in sales negotiations. (1) The buyer must pay the price and accept the item. If you wish to purchase a property, it is your duty as a prudent and prudent buyer to ensure that the property is free from defects in quality and ownership. Pre-purchase inspections are essential to avoid the purchase of a defective property and possible prosecution.
The negligence of this obligation limits the buyer`s recourse when he tries to enforce the legal guarantees provided for in the Civil Code of Québec. A considerable degree of unification of sales rules has been achieved through broad acceptance of certain formal contracts. However, as successful as some of these formal contracts have been, they have two important drawbacks: their validity depends on their acceptance by both parties and they cannot override the mandatory rules of national law. The prudent and prudent buyer is an objective standard that does not require the use of the services of an expert to perform the inspection before buying. However, it is highly recommended to delegate the task to an expert with experience in the field. It should be noted that the required inspection is visual and does not require special analysis. The resale of wrongly rejected goods poses particular problems. According to sections 2 to 706 of the UCC, the sale can be public or private. A private sale is conducted personally by the seller, while a public sale is conducted by public notice and by a sheriff or at a public auction. In both cases, the sale must be commercially reasonable in terms of method, manner, time, place and conditions. In addition, the seller must inform new buyers that the goods will be resold under a non-conforming contract in order to disclose the potential for legal conflict. Just as the buyer is often unable to ensure the actual performance of the seller`s delivery obligation, the seller is not always able to assert his request for acceptance of delivery against a buyer who refuses to accept it.
Most countries do not oppose such a demand, but in England and the United States, the remedy is to relegate the seller to the market: as long as he still owns the goods, he should at least try to resell them at a reasonable price. Only if this is impossible or impracticable can he sue the buyer.
