Cal. Codes » Commercial Code / DIVISION 2. SALES / CHAPTER 1. Short Title, General Construction and Subject Matter
California Codes

Cal. Commercial Code § 2107 (2026)

✓ current as of May 2026
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(1)A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this division if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

(2)A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subdivision (1) or of timber to be cut is a contract for the sale of goods within this division whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

(3)The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded in the same manner as a document transferring an interest in land and shall then constitute notice to third parties of the buyer’s rights under the contract for sale.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1996–2025 · leading case: Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996).
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Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996). · cites it 2× “§ 4-2-107; CAL.COM.CODE § 2107; COLO.REV.STAT.ANN. § 4-2-107; CONN.”
Ad Hoc Grp. of Timber Noteholders v. Pac. Lumber Co. (In Re Scotia Pac. Co.), 508 F.3d 214 (5th Cir. 2007). “Civil Code § 658 ; see also Cal. Comm.Code § 2107 (“A contract for the sale apart from the land of .”
Free Spirit Organics, NAC v. San Joaquin Cnty. Bd. of Supervisors (E.D. Cal. 2020). “” Cal. Com. Code § 2107 (2). The transaction here involves the exchange of 6 goods such that the California Commercial Code applies; as Bianchini testified, in exchange for 7 his services, which included overseeing the grow, he would receive 10 to 15 percent of Chief 8 Bills’…”
Henrietta Mine LLC v. A.M. King Indus. Inc. (E.D. Cal. 2021). “King, relying 26 on California Commercial Code § 2107(1), argues that the 27 2 Accordingly, the Court denies as moot King’s request to take 28 judicial notice of a British Columbia case.”
Primexx Energy Opportunity Fund, LP & Primexx Energy Opportunity Fund II, LP v. Primexx Energy Corp., M. Christopher Doyle, Angelo Acconcia, Blackstone Inc., Blackstone Holdings III LP, Blackstone EMA II LLC, BMA VII LLC, Blackstone Energy Mgmt. Assocs. II LLC, Blackstone Energy Partners II LP, Blackstone Mgmt. Assocs. VII LLC, Blackstone Capital Partners VII LP, BCP VII/BEP II Holdings Manager LLC, BX Primexx Topco LLC, & BPP Holdco LLC (Tex. App. 2025). “2–107; Cal.Com.Code § 2107; Colo.Rev.Stat.Ann. § 4–2–107; Conn.”
— Cal. Commercial Code § 2107(1) — 1 case
Henrietta Mine LLC v. A.M. King Indus. Inc. (E.D. Cal. 2021). “King, relying 26 on California Commercial Code § 2107(1), argues that the 27 2 Accordingly, the Court denies as moot King’s request to take 28 judicial notice of a British Columbia case.”
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