Article 2 — Sales · Section 2-205

UCC § 2-205

Quick Answer

What does UCC § 2-205 cover?

UCC § 2-205 addresses the firm offer rule, establishing that an offer by a merchant can be irrevocable under certain conditions.

Source: U.C.C. § 2-205

Official Text
An offer by a merchant to buy or sell goods shall be irrevocable during the time stated in the offer or, if no time is stated, for a reasonable time, but in no event may such period of irrevocability exceed three months. Such an offer must be in writing and signed by the offeror.
Plain Language

UCC § 2-205 allows a merchant's offer to remain open for a certain period without the possibility of being revoked. This applies only if the offer is written and signed, and it generally cannot last longer than three months.

Key Definitions

Merchant

A person or entity that regularly deals in goods of the kind or otherwise holds themselves out as having knowledge or skill unique to the practices or goods involved in the transaction.

Firm Offer

A type of offer that cannot be revoked for the time period stated in the offer, guaranteed when made by a merchant and in written form.

Practical Examples

Example 1

A shoe manufacturer submits a written offer to a retailer to supply shoes at a specific price, stating that the offer will be held open for three months. The retailer cannot claim price changes during that period.

Example 2

A bakery offers to sell bread to a grocery store for the next two months in a signed document without the option to revoke. The bakery must honor that price for the duration of the offer.

Common Exam Issues
  • Understanding the distinction between merchants and non-merchants when it comes to firm offers.
  • Determining what constitutes a reasonable time frame for irrevocability in different scenarios.
  • Evaluating whether an offer meets the written and signed requirements outlined in § 2-205.
Related Sections
  • ucc-2-201
  • ucc-2-206

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