Also known as: notice & opportunity to cure · notices and opportunities to cure · cure notice · right to cure · opportunity to cure
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An opportunity afforded a seller to remedy a nonconforming tender by seasonably notifying the buyer of intent to cure and then delivering conforming goods within the contract time when that time has not yet expired.
An opportunity afforded a seller to remedy a nonconforming tender by seasonably notifying the buyer of intent to cure and then delivering conforming goods within the contract time when that time has not yet expired.
Nexus Technologies contracted to deliver generators meeting specific power ratings to Norman Nash by June 30. Nexus delivered nonconforming units on June 20. Norman rejected them. Nexus promptly notified Norman of its intent to replace the units with conforming generators by June 28 and did so.
A statutory prerequisite that a creditor send each obligor a written notice of default and right to cure at least thirty days before initiating foreclosure under state law.
Noreen Nguyen fell behind on her home mortgage payments. The lender sent her a written notice stating the amount past due and informing her of the right to cure within thirty days. When Noreen failed to cure, the lender initiated foreclosure proceedings under state law.
A statutory prerequisite that a creditor send each obligor a written notice of default and right to cure at least thirty days before initiating foreclosure under state law.
Each sense below has its own examples, sources, and questions.
A seller may cure when the buyer rejects a nonconforming tender, the time for performance has not expired, the seller seasonably notifies the buyer of intent to cure, and the seller can deliver conforming goods within the contract time.
Yes, when the statutory conditions for cure are met. The buyer cannot cancel the contract if the seller seasonably notifies of intent to cure and can perform within the remaining contract time.
The notice must inform each obligor of the default and of the right to cure within thirty days before foreclosure may be initiated.
No. The rights of a homeowner or obligor to notice and opportunity to cure may not be waived by contract.