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NO. Larry is not entitled to a refund because the risk of loss was transferred to him before the house burnt down and destroyed all

NO. Larry is not entitled to a refund because the risk of loss was transferred to him before the house burnt down and destroyed all the goods.

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No. 2-509(3) provides the risk of loss rules for sales of goods not involving shipment or a bailee. Specifically, "the risk of loss passes to the buyer on tender of delivery" if the seller is not a merchant. Here, John is clearly not a merchant because he does not deal in goods of the kind under 2-104(1). Also, John is not a bailee because he simply allowed Larry to postpone the time of pickup, and thus does not fall under 2-509(2). The goods were clearly available for the buyer(Larry) he was the one who delayed in bringing the wrong vehicle. Thus, Larry is not entitled to a refund because the risk of loss passed to him before the house burned down

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