Question

a. Jamie purchases a washer and dryer from McKinney Appliances. She applies for the instore credit card. The application contains a clause stating that the store will retain a security interest in the goods purchased with the card until the goods have been paid in full. Discuss if this is an enforceable security interest. b. In this scenario, Jamie purchases the washer and dryer from McKinney Appliances and she signs a purchase agreement to pay $1,000 down and $100 per month until the balance, plus interest is fully paid. Is this an enforceable security interest

Answer 1

Option A is an enforceable security interest while option B is not.

The security interest must be linked to a real sale. This means that it can only be established if it is linked to a sale that brings new values ​​into the buyer's assets.

A security intererest agreement must be entered into in connection with the sale. This means that it must be entered into before the item for sale is handed over to the buyer.

Loans can only be given for what is covered by the sale: This means that you can not get a car loan for additional equipment / upgrades that are bought afterwards and / or by someone other than the seller.

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Answer 2

a. The contract that Jamie entered into for the purchase a washer and dryer based on an in-store credit card with McKinney Appliances constitutes an enforceable security interest.

The enforceability of the contract stems from the fact that Jamie freely agreed to use the store's credit and the agreement was not a fraud.  With this security interest, McKinney Appliances officially establishes its security interest in the washer and dryer.  It can exercise the claim in the appliance when Jamie fails to honor the agreement.

b. Yes. It is an enforceable contract.  This contract involves the sale of goods with a down payment and credit.

Thus, McKinney Appliances can legally force Jamie to pay on his account, failing which, McKinney Appliances may recover Washer and Dryer.

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