Boat gets destroyed from the hail

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John saw a boat listed on Craigslist. He went to see it and it looked good. The seller, Lisa, wanted $3,500 for it but John offered $2,900. Lisa and John agreed on a price of $3,250. Lisa explained that the boat had belonged to her former husband and that she had gotten it in the divorce. John just wanted a boat for fishing and recreation. Neither Lisa nor John are experts in boats, etc.

John paid Lisa the $3,250 with a check and that check cleared within 2 days. That was fine with John since he would not be able to actually get the boat until the following Saturday. He had to get a hitch mounted on his pickup, etc. Lisa told John he could get the boat any time but if he needed to wait until Saturday.

1. Since there wasn't a written agreement of the boat Does the UCC require a written agreement in this situation

2. What if there was a hailstrom the friday before john is supossed to pick up the boat, and the boat gets destroyed from the hail. Does John have a legal right to get his money back? Why or why not

Reference no: EM132350041

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