Title 30, Title 30

An agreement to sell and buy is a contract by which a person engages to transfer the title to a certain thing to another, who engages to accept the thing from the seller and to pay a price for the thing.

Any property which, if in existence, might be the subject of sale may be the subject of an agreement for sale, whether in existence or not.

An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property.

An agreement on the part of a seller of real property to give the usual covenants binds the seller to insert in the grant covenants of "seisin", "quiet enjoyment", "further assurance", "general warranty", and "against encumbrances".

The covenants mentioned in 30-11-109 must be in substance as follows: "The party of the first part covenants with the party of the second part that the party of the first part is now seized in fee simple of the property granted; that the party of the second part shall enjoy the p…

An agreement for the sale of real property or of any interest in real property is not valid unless the agreement, or some note or memorandum of the agreement, is in writing and subscribed by the party to be charged or the party's agent authorized in writing. However, this does no…

Exchange is a contract by which the parties mutually give or agree to give one thing for another, neither thing nor both things being money only.

The provisions of the sections on sale apply to exchanges. Each party has the rights and obligations of a seller as to the thing that the party gives and of a buyer as to that which the party takes.

On an exchange of money, each party warrants the genuineness of the money given by the party.

The provisions of this part do not apply to exchanges subject to the Uniform Commercial Code.

After personal property has been sold and until the delivery is completed, the seller has the rights and obligations of a depositary for hire, except that the seller shall keep the property, without charge, until the buyer has had a reasonable opportunity to remove it.

If a buyer of personal property does not pay for it according to contract and it remains in the possession of the seller after payment is due, the seller may rescind the sale or may enforce the seller's lien for the price in the manner prescribed by the law on liens.

A person who sells personal property, whether it was in the person's possession at the time of sale or not, shall put it into a condition fit for delivery and deliver it to the buyer within a reasonable time after demand, unless the person has a lien on the property.

Personal property sold is deliverable at the place where it is at the time of the sale or agreement to sell, or if it is not then in existence, it is deliverable at the place where it is produced.

A person who sells personal property shall bring it to the person's own door or another convenient place for its acceptance by the buyer, but further transportation is at the risk and expense of the buyer.

When either party to a contract of sale has an option as to the time, place, or manner of delivery, the party shall give the other party reasonable notice of the party's choice. If the party does not give notice within a reasonable time, the right of option is waived.

If a seller agrees to send the thing sold to the buyer, the seller shall follow the directions of the buyer as to the manner of sending or it will be at the seller's own risk during its transportation. If the seller follows the directions or if, in the absence of special directio…

The delivery of a thing sold can be offered or demanded only within reasonable hours of the day.

A warranty is an engagement by which a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future.

Except as prescribed by this part, a mere contract of sale or agreement to sell does not imply a warranty.

A person who sells or agrees to sell personal property as the person's own warrants that the person has a good and unencumbered title to the property.

One who sells or agrees to sell goods by sample thereby warrants the bulk to be equal to the sample.

A person who sells or agrees to sell personal property knowing that the buyer relies upon the person's advice or judgment warrants to the buyer that neither the seller nor any agent employed by the seller in the transaction knows the existence of any fact concerning the thing sol…

One who agrees to sell merchandise not then in existence thereby warrants that it shall be sound and merchantable at the place of production contemplated by the parties and as nearly so at the place of delivery as can be secured by reasonable care.

A person who sells or agrees to sell an article of the person's own manufacture warrants the article to be free from any latent defect, not disclosed to the buyer, arising from the process of manufacture and also that the person or the person's agent in the manufacture has not kn…

One who manufactures an article under an order for a particular purpose warrants by the sale that it is reasonably fit for that purpose.

One who sells or agrees to sell merchandise inaccessible to the examination of the buyer thereby warrants that it is sound and merchantable.

One who sells or agrees to sell any article to which there is affixed or attached a trademark thereby warrants that trademark to be genuine and lawfully used.

One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof or the place where it was in whole or in part produced, manufactured, or prepared thereby warrants the truth thereof.

A person who sells or agrees to sell an instrument purporting to bind anyone to the performance of any act warrants that the person does not have knowledge of any facts that tend to prove the instrument worthless, such as the insolvency of any of the parties when that is material…

A person who sells the goodwill of a business warrants that the person will not endeavor to draw off any of the customers.

Upon a judicial sale, the only warranty implied is that the seller does not know that the sale will not pass a good title to the property.

A general warranty does not extend to defects inconsistent with the warranty of which the buyer was aware or that were easily discernible by the buyer without the exercise of peculiar skill, but the warranty extends to all other defects.

This part shall not apply to sales subject to the Uniform Commercial Code.

(1) The term "merchandise" shall mean any personal property capable of manual delivery displayed, held, or offered for sale by a merchant. (2) The term "merchant" as used in this part shall mean an owner or operator and the agent, consignee, employee, lessee, or officer of an own…

Any merchant has the right to request any individual on the merchant's premises to place or keep in full view any merchandise that the individual may have removed, or that the merchant has reason to believe the individual may have removed, from its place of display or elsewhere, …

Any persons doing business in this state as commission merchants or who shall receive from any person of this state agricultural or horticultural products or farm produce raised in this state to sell on commission shall immediately, upon receipt of such goods, send to the consign…

Whenever any commission merchant or person receiving any property as mentioned in the preceding section shall sell the same or 25% thereof, such commission merchant or person shall immediately render a true statement to the consignor, showing what portion of such consignment has …

Any person engaged in selling any property as herein specified, who fails or neglects to comply with any of the provisions of 30-11-401 and 30-11-402 or who shall make a false report or statement of the matters herein required, shall be deemed guilty of a misdemeanor and on convi…

A sale by auction is a sale by public outcry to the highest bidder on the spot.

(1) In a sale by auction of goods by lot, each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. When a bid is made while the hammer is falling in acceptance of a pr…

When a sale by auction is made upon written or printed conditions, those conditions cannot be modified by any oral declaration of the auctioneer except those for the auctioneer's own protection.

When property is sold by auction, an entry made by the auctioneer in the sale book at the time of the sale specifying the name of the person for whom the auctioneer sells, the thing sold, the price, the terms of sale, and the name of the buyer binds both the parties in the same m…

(1) Each auctioneer must keep a book and enter all sales showing the name of the owner of the goods sold, to whom sold, the amount paid, and the date of each sale. (2) The book must be open for inspection by interested persons during normal business hours.

An auctioneer, in the absence of special authority or usage, has authority from the seller only as follows: (1) to sell by public auction to the highest bidder; (2) to sell for cash only, except for articles usually sold on credit at auction; (3) to warrant as an agent pursuant t…