Also known as: rights to cure · right-to-cure · opportunity to cure · cure right
Written by attorneys · grounded in primary & secondary sources — see below
A right allowing a breaching party to remedy a nonconforming tender or default before the aggrieved party may reject performance or pursue foreclosure. The right requires seasonable notice of intent to cure and a conforming tender within the contract time or any additional reasonable period when the seller had reasonable grounds to believe the original tender would be acceptable.
Robert Rivera missed three monthly mortgage payments on his home. The lender sent Rivera a written notice of default stating the past-due amounts and informing him of his right to cure within thirty days. Rivera obtained funds and tendered the full arrearage plus fees before the thirty-day period expired. The lender refused the tender and initiated foreclosure proceedings.
Rina Rahman ordered a new car from Zabriskie Chevrolet. The dealer delivered a vehicle with a defective transmission that rendered it inoperable. Rahman rejected the car the same day. The dealer promptly notified Rahman of its intent to replace the transmission and delivered a conforming vehicle before the contract delivery deadline.
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A seller has the right to cure when the buyer rejects nonconforming goods and the time for performance under the contract has not yet expired. The seller must seasonably notify the buyer of its intention to cure and then make a conforming tender within the contract time.
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The right extends when the buyer rejects goods the seller had reasonable grounds to believe would be acceptable with or without a money allowance. The seller must give seasonable notice and tender conforming goods within a further reasonable time.
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A majority of courts hold that the seller has no right to cure after the buyer has accepted the goods and then revoked acceptance. The cure right under UCC 2-508 is limited to situations involving rejection of nonconforming goods.
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A lender may not initiate foreclosure until thirty days after sending each obligor a written notice of default and right to cure. The notice must state the nature of the default and the amounts owed.
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…negotiation between all parties. Second, proper notice minimizes the possibility of prejudice to the seller by giving him "ample opportunity to cure the defect, inspect the goods, investigate the claim or do whatever may be necessary to properly defend himself or minimize his damages while the facts are fresh in the minds of the…