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Chapter 2 Sale of Goods | Houston Business Dispute Lawyer | Texas UCC Chapter 2A - Lease of Goods | Lease of Goods Attorney

Houston, Texas, is a major metropolitan city. It is the fourth largest city in the nation and the largest city in Texas. Houston is known around the world as a booming energy city and only New York City is home to more Fortune 500 company headquarters. As a result, transactions and disputes concerning the sale of goods are common in Houston.

Houston is an international market place for the sale of goods from all over the world. Much of Houston's success in the international sale of goods is due to its busy man-made ship channel, the Port of Houston. The port ranks first in the nation in international commerce, and is the sixth largest port in the world.

In an effort to further enhance Houston's image worldwide as a renowned international city and to support and strengthen the city’s economic development as an international market place, the City of Houston established the Houston International Trade and Development Council.

The Houston International Trade and Development Council is divided into seven regional sub-Councils, each representing a geographic region of the world: Africa, the Americas, Asia & Australia, Canada, Europe, the Middle East & North Africa, and South Asia.

The Texas version of the Uniform Commercial Code (UCC), known as the Texas Uniform Commercial Code or Texas UCC, is the law that regulates the sale of goods in Houston. The State of Texas has adopted a modified version of the Uniform Commercial Code. The Texas UCC contains ten chapters that deal with specific areas of contract law.

Sale of Goods in Texas is Controlled by Chapter 2

Chapter 2 of the Texas UCC controls the sale of goods in the State of Texas. Chapter 2 defines the rights and duties of buyers and sellers of goods. A "good" is a tangible, movable object. Bank loans, for example, do not fit the definition of "goods" because they are not tangible. Real estate is not a "good" because it is not movable. However, crops and livestock are goods. A "good" may also be manufactured products sold between merchants or to consumers like appliances, consumer electronics, televisions, washers and dryers, furniture, and household items. A merchant is anyone who buys or sells goods in the regular course of business. Consumers are not considered merchants.

A closer look at the definitions listed above makes one thing reasonably clear. The UCC is a body of law that favors the consumer. As a result, proving that a particular person is a "consumer" for purposes of the UCC is generally a very low burden. Additionally, the definitions for "goods" and "services" are also very broad, almost all-encompassing. The bottom line is that the UCC is a body of law that was put into effect with the intention of protecting the consumer. If you have a consumer issue, you should contact a Houston Commercial Lawyer.

Federal Law May Also Impact Sales of Goods

Federal law has a limited impact on transactions for the sale of goods. The Bankruptcy Code (Title 11) regulates claims arising from sales transactions in bankruptcy cases. The Magnuson-Moss Warranty Act regulates explicit and implied warranties.

Houston Retail: Where People Buy and Sell Goods

Houston is an amazing place to go shopping. In sum, the Houston area has hundreds of different malls and shopping centers that stretch from Katy to Baytown. Thanks to the high volume of shoppers that head to Houston every day, there are also a great deal of disputes between consumers and merchants. These disputes can be for things as simple as household groceries or for something as valuable as a diamond necklace.

When these disputes arise, a good majority of them are settled before going to court. If you are currently involved in a consumer dispute and have questions about where you stand, a Houston Commercial Lawyer can give you the upper hand in your negotiations with the merchant you feel has wronged you. To hire a lawyer is to make your problem his problem.

Some of the popular malls in Houston include:

A Houston Commercial Lawyer Can Help if You Get into Trouble When Buying or Selling Goods

One of the most common disputes in business happens when a seller delivers goods and the buyer refuses to pay for them. The goods may be the wrong ones; they may be damaged; or the quantity or quality is not what was expected or contracted for. A Houston commercial lawyer can guide you through issues that come up in the sale of goods, such as:

Areas of Practice under Chapter 2 of the Texas UCC

Warranty Disputes Concerning the Sale of Goods are Common in Houston

An express warranty is any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain. This can be any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. An express warranty may also be any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. If a seller lies to you about a product that you have bought, Chapter 2 of the Texas UCC may provide you with protection. If you are involved with an express warranty dispute, you need a Houston Commercial Lawyer to help protect your rights.

The implied warranty of merchantability is a warranty that the goods shall be merchantable. This warranty is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. For goods to be merchantable the goods, must pass without objection in the trade under the contract description; and are of fair average quality within the description; and are fit for the ordinary purposes for which such goods are used; and are adequately contained, packaged, and labeled as the agreement may require; and conform to the promises or affirmations of fact made on the container or label if any. If you purchased goods that are not fit for their ordinary use, the implied warranty of merchantability may offer you some protection. If you are involved with a dispute concerning the implied warranty of merchantability, a Houston commercial lawyer can help with your needs.

The implied warranty of fitness for the particular purpose also provides buyers with protection. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is an implied warranty that the goods shall be fit for such purpose. If you have relied on a salesman to purchase goods for a specific reason and those goods do not fit your needs, Chapter 2 of the Texas UCC may provide you with some remedies. If you are involved with a dispute concerning the implied warranty of fitness for the particular purpose, you need a Houston Commercial lawyer to help with all your business needs.

Houston Commercial Lawyers Understand the Complicated Transactions and Disputes Involved in the Sale of Goods

Chapter 2 of the Texas UCC also governs requirement contracts for the sale of goods. A requirement contract is an agreement by either the seller or the buyer for exclusive dealing in a particular kind of good. These sale of goods contracts require the seller to use best efforts to supply the goods and the buyer to use best efforts to promote their sale. These contracts for the sale of goods are complicated. When buyers and sellers in Houston disagree about their obligations, they go to Houston commercial lawyers to get the dispute resolved as quickly and inexpensively as possible so they can move on with their businesses.

Whether you are a local farmer or rancher with a crop or livestock dispute, a small business retail store owner who has an inventory dispute with a supplier, a consumer who is dissatisfied with the purchase of an appliance, or a Fortune 500 company that has an interstate commerce dispute with multiple businesses, you need competent representation from a qualified Houston commercial Lawyer in order to achieve your goals. The commercial lawyers listed on this page are available for a initial free consultation to discuss your needs.

Houston Leased Goods Attorney - Chapter 2A Governs the Lease of Goods in Texas

The Texas UCC Chapter 2A is different from Chapter 2. As indicated above, Chapter 2 solely deals with the sale of goods. Chapter 2A deals exclusively with the lease of goods. This may seem basically the same in that they both deal with contracts, but the body of law is quite different. Chapter 2A of the Texas UCC defines the rights and obligations of lessors and lessees involved in the lease of goods. Chapter 2A defines a lease as a transfer of the right to possession and use of goods for a certain term, or time period, in return for consideration, or money. A lessor is a person who transfers the right to possession and use of goods under a lease. A lessee is a person who acquires the right to possession and use of goods under a lease.

Chapter 2A of the Texas UCC deals with such areas of law as:

Areas of Practice under Chapter 2A of the Texas UCC

Leasing of Goods is Big Business in Houston

Leasing of goods is a big business activity in Houston. Leases allow businesses to obtain the possession and use of equipment without having to purchase, or pay the entire cost of, the equipment. Examples would include a farmer leasing a tractor, or a small business leasing a computer system. Leasing has many benefits. For example, by leasing, a Houston business can maintain more cash on hand which allows the business to have more spending power and better credit.

Disputes Can and Do Arise in Lease Transactions

Default disputes are also common in lease agreements. Defaults can occur when the lessee fails to keep current on lease payments. Under Chapter 2A of the Texas UCC, lessors are provided with some protection for non-payment. According to Chapter 2A of the Texas UCC, if a lessee is in default, a lessor may enforce the lease contract by self-help or any available judicial procedure or non-judicial procedure. However, if a lessor attempts to improperly repossess lease property, the lessee may have a cause of action against the lessor. Lease disputes are complicated and if you are involved with a dispute concerning a lease in default, a Houston Commercial lawyer can help you with all your business needs.

Fraud disputes are common in lease agreements. Whenever a lease salesman knowingly makes false statements of material fact to a customer, and the customer relies on the salesman, the customer may have a cause of action against the salesman for fraud. Chapter 2A of the Texas UCC outlines the rights and obligations of lessors and lessees with regard to fraud. If yo are involved with a fraudulent lease agreement, a Houston Commercial lawyer can help protect your rights.

Risk of Loss disputes are common in lease agreements. Whenever leased goods are leased, someone must bear the risk of loss. Depending on the situation, and type of lease, this will be either the lessor, or the lessee. These types of situations occur when the goods that are the subject of the lease are not at the lessee's location. In these cases the goods would be shipped the lessee and damaged in transit. If you find yourself in a risk of loss dispute in Houston, a Houston Commercial Lawyer can help protect your rights. Houston Commercial lawyers understand the law concerning risk of loss and can help you with all of your leased goods needs

Small Businesses Rely on Leased Goods

Small businesses can be found all throughout Houston's shopping centers. These small businesses often rely heavily on goods that they lease from someone else. When you lease things on a regular basis, it is important that you have an understanding of the legal effect of your decision to do so.

Some of the popular Houston area shopping centers include:

Leasing Cars:  a Houston Commercial Lawyer Can Advise on the Benefits of a Fleet Lease

People in Houston lease cars. Some car dealerships in Houston include:

Understand your rights when it comes to Lease of Goods.

Serving clients throughout Southeastern Texas, including Aldine, Baytown, Bellaire, Beaumont, Channelview, Cloverleaf, Conroe, Deer Park, Friendswood, Galena Park, Galveston, Hedwig Village, Highlands, Hilshire Village, Humble, Jacinto City, Katy, League City, Magnolia, Mission Bend, Missouri City, Pasadena, Pearland, Porter, Sealy, South Houston, Spring Valley, Stafford, The Meadows, The Woodlands, Waller, West University, and other communities in Fort Bend County, Harris County, and Montgomery County.

Contact a Houston Business Lawyer or Commercial Attorney Today!