Re: Here we go again!

Posted by lawguy (216.30.212.58) on April 10, 2003 at 09:30:41:

In Reply to: Here we go again! posted by nc on April 09, 2003 at 18:00:18:

Yes, Art. 2 only applies to merchants. It does not govern the private sale of an auto.

If you purchased a car from a private individual and then financed the purchase price with a loan from a bank, and gave the bank a security interest in the car, then Art. 9 would apply to the financing agreement, but Art. 2 would not apply to the sale of the car or the financing agreement.

Likewise, I would consider it extremely unlikely that a court would apply the Art. 2 SOL in such a case, although judges can do some crazy things.

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