Where a seller fails to make a delivery of purchased goods, repudiates the purchase, or where the buyer rightfully rejects the goods or justifiably revokes his/her prior acceptance of the goods, the various remedies available to a buyer under the Uniform Commercial Code are:
- cancellation of the sale;
- recovery of the goods;
- specific performance; and
- recovery of damages for non-delivery.
Pursuant to the Uniform Commercial Code, a buyer may revoke his/her acceptance of goods, or part thereof, for nonconformity within a reasonable time after the buyer discovers the nonconformity.
Moreover, the Uniform Land Transactions Act provides that if a seller of realty fails to convey, repudiates with respect to a substantial part of the contract, or if the buyer rightfully refuses to accept or rightfully revokes a prior acceptance, the buyer’s remedies pursuant to the provisions of the Act concerning liquidated damages and modification of remedies include:
- recovery of any part of the price already paid; and
- damages for failure to perform or repudiation; or
- specific performance;
Pursuant to the provisions of the Act concerning revocation of an acceptance, if the seller breaches with respect to real estate accepted, the buyer may revoke his/her acceptance and recover damages, recover damages for breach of contract, or deduct his/her damages from the price still due.
