Under the Uniform Commercial Code in Utah, who is considered a "merchant"?

Under the Uniform Commercial Code (UCC), a "merchant" is specifically defined to include a person or entity that regularly deals in goods of a specific kind or who otherwise represents themselves as having special knowledge or skill regarding the goods or practices involved in the transaction. This definition is intended to distinguish between casual sellers and those who are actively engaged in commerce and have greater expertise or familiarity with the goods they sell.

This distinction is significant because merchants are subject to different rules and obligations under the UCC compared to non-merchants. For example, certain warranties may be more stringent for merchants, and they may be held to higher standards of conduct in commercial transactions.

In contrast, a person who sells real estate does not fall under this definition, as the UCC primarily governs the sale of goods rather than real property transactions. An individual who occasionally sells personal items is considered a casual seller and does not meet the merchant criteria since their activity is not consistent or commercial in nature. Similarly, a contractor who provides services does not qualify as a merchant because the UCC focuses on goods rather than services, despite the contractor’s potential business acumen.

Therefore, the correct answer captures the essence of who is classified as a merchant under the UCC in Utah, emphasizing the